DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bis Industries Limited
(AG2016/7306)

BIS INDUSTRIES (BODDINGTON) OPERATIONS ENTERPRISE AGREEMENT 2016

Mining industry
COMMISSIONER LEE	MELBOURNE, 16 DECEMBER 2016

Application for approval of the Bis Industries (Boddington) Operations Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Bis Industries (Boddington) Operations Enterprise Agreement 2016 (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, 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Transport Workers’ Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 December 2016. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicants, Bis Industries Limited, sought approval of the Bis Industries (Boddington) Operations Enterprise Agreement 2016 in the Fair Work Commission. The dispute arose from the need to secure the approval of an enterprise agreement under the Fair Work Act 2009, which was intended to regulate the employment conditions of the workers at Bis Industries' Boddington operations. The Commission was tasked with determining whether the agreement met the legal standards for approval, including whether it provided for fair and reasonable terms and conditions for the employees involved.

The central legal issue before the Commission was whether the proposed enterprise agreement complied with the provisions of the Fair Work Act. Specifically, the Commission had to assess if the agreement met the "better off overall test" (BOOT), which requires that employees are not worse off financially under the agreement compared to their previous conditions. Additionally, the Commission had to consider whether the agreement provided for procedural fairness and met the statutory requirements for approval.

In examining the evidence and submissions from both parties, the Commission found that the proposed agreement did indeed satisfy the BOOT. The analysis showed that employees would be better off overall in terms of wages, leave provisions, and other employment benefits. The Commission also determined that the agreement was procedurally fair, as it had been negotiated in good faith and provided adequate opportunity for employee representation. Given these findings, the Commission approved the enterprise agreement, concluding that it met all the necessary legal requirements for endorsement under the Fair Work Act.

The final orders of the Commission were that the Bis Industries (Boddington) Operations Enterprise Agreement 2016 be approved as meeting the requirements of the Fair Work Act. The agreement was therefore to be registered and would come into effect on the date specified within the agreement. This decision effectively sets the terms and conditions of employment for the workers at the Boddington operations, as outlined in the approved agreement.

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