DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bis Industries Limited
(AG2017/4806)

BIS INDUSTRIES- HOBART OPERATIONS- ENTERPRISE AGREEMENT 2017

Tasmania
DEPUTY PRESIDENT COLMAN	MELBOURNE, 11 APRIL 2018

Application for approval of the Bis Industries- Hobart Operations- Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Bis Industries- Hobart Operations- Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Bis Industries Limited. The agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement was approved on 11 April 2018 and, in accordance with s.54, will operate from 18 April 2018. The nominal expiry date of the Agreement is 1 March 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Bis Industries Limited for approval of the Bis Industries- Hobart Operations- Enterprise Agreement 2017. The application was brought under the Fair Work Act 2009, seeking endorsement of the proposed agreement that outlined terms and conditions of employment for workers at the company's Hobart operations. The primary dispute centred around whether the agreement met the statutory requirements for approval, including that it facilitated the efficient operation of the business and did not undermine the integrity of the industrial relations system.

The key legal issues before the court were whether the agreement contained appropriate mechanisms for resolving workplace disputes and whether it ensured minimum rates of pay and conditions that were no less favourable than those provided for by the relevant industrial instrument. Additionally, the court had to consider whether the agreement had been made in good faith and whether it complied with the Fair Work (Registered Organisations) Act 2009. The focus was on ensuring that the agreement would operate in a manner that was fair and reasonable for all parties involved.

In rendering its decision, the commission found that the agreement contained adequate dispute resolution processes, met the good faith requirement, and ensured that employees received fair remuneration and conditions. The commission was satisfied that the agreement would facilitate the efficient operation of the business without undermining the industrial relations system. Consequently, the commission approved the Bis Industries- Hobart Operations- Enterprise Agreement 2017, finding it to be compliant with all statutory requirements. The approval was granted subject to the terms of the agreement being met and the ongoing compliance with relevant industrial laws.

Bis Industries Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established