DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BIS Industries Limited
(AG2016/1059)

BIS INDUSTRIES MURRIN MURRIN MAINTENANCE - ENTERPRISE AGREEMENT 2016

Mining industry
COMMISSIONER LEE	MELBOURNE, 3 JUNE 2016

Application for approval of the Bis Industries Murrin Murrin Maintenance - Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Bis Industries Murrin Murrin Maintenance - 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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement was approved on 3 June 2016 and, in accordance with s.54, will operate from 10 June 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, BIS Industries Limited, the applicant, sought approval for the Bis Industries Murrin Murrin Maintenance - Enterprise Agreement 2016. The agreement was intended to govern the terms and conditions of employment for employees at the Murrin Murrin nickel processing facility in Western Australia. The dispute centred on whether the agreement met the requirements for approval under the Fair Work Act 2009, specifically whether it was a genuine enterprise agreement and whether it had been negotiated in good faith.

The legal issues before the Commission included verifying that the agreement had been genuinely negotiated between the employer and the relevant employee representatives, and ensuring that it complied with the procedural requirements set out in the Fair Work Act. Additionally, the Commission had to consider whether the agreement provided adequate protections for employees and whether it adhered to the principles of the National Employment Standards and the applicable award provisions.

In its decision, the Commission examined the evidence provided by both parties and assessed the negotiation process and the content of the agreement. The Commission found that the agreement had been negotiated in good faith and that it complied with the procedural and substantive requirements of the Act. The Commission concluded that the agreement was a genuine enterprise agreement that met the necessary standards for approval.

The Fair Work Commission approved the Bis Industries Murrin Murrin Maintenance - Enterprise Agreement 2016, finding it to be a genuine enterprise agreement that complied with all legal requirements. The decision underscored the importance of ensuring that enterprise agreements are negotiated in good faith and provide adequate protections for employees. This ruling provides clarity for future enterprise agreements at the Murrin Murrin facility and reinforces the principles governing enterprise bargaining in Australia.

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