Bis Industries Summary

[2014] FWCA 169

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bis Industries
(AG2013/12796)

BIS INDUSTRIES WHITEHAVEN ENTERPRISE AGREEMENT 2013

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 10 JANUARY 2014

Application for approval of the Bis Industries Whitehaven Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Bis Industries Whitehaven Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Bis Industries. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as is relevant to this application for approval has been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 January 2014. The nominal expiry date will be 9 January 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved the company Bis Industries and its application for the approval of the Bis Industries Whitehaven Enterprise Agreement 2013. The dispute was centred around the terms of this agreement, which sought to govern the employment conditions of workers at the Whitehaven coal mine. The case was heard in the Fair Work Commission, the body responsible for overseeing and approving enterprise agreements in Australia.

The central legal issues before the Commission were whether the agreement complied with the requirements of the Fair Work Act 2009 and if it fairly represented the interests of the employees. This included scrutinising the agreement to ensure it met the criteria for good faith bargaining, as well as assessing the fairness of the terms and conditions proposed. The Commission had to consider whether the agreement was free from coercion and whether it provided adequate protections for the employees.

The Fair Work Commission deliberated on the submissions from both parties and the evidence presented. It determined that the Bis Industries Whitehaven Enterprise Agreement 2013 met the necessary requirements for approval. The Commission found that the agreement was the product of genuine bargaining and provided fair and reasonable terms for the employees. The Commission also noted the provisions for dispute resolution and the protections offered in the agreement as factors supporting its approval. Consequently, the Commission approved the agreement, finding it to be in compliance with the Fair Work Act.

In its decision, the Fair Work Commission granted the application for approval of the Bis Industries Whitehaven Enterprise Agreement 2013. This approval signifies that the agreement is now legally binding for the employees and the company, setting out the terms of employment and the rights and obligations of both parties.

Bis Industries

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established