DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bis Industries Limited
(AG2015/7239)

BIS INDUSTRIES BCT ENTERPRISE AGREEMENT 2016

Road transport industry
COMMISSIONER ROE	MELBOURNE, 15 FEBRUARY 2016

Application for approval of the Bis Industries BCT Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Bis Industries BCT 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement was approved on 15 February 2016 and, in accordance with s.54, will operate from 22 February 2016. The nominal expiry date of the Agreement is 1 July 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Bis Industries Limited, an employer, applied to the Fair Work Commission for approval of the Bis Industries BCT Enterprise Agreement 2016. The applicant and the respondent, Australian Manufacturing Workers' Union, had entered into the agreement, which sought to govern the employment of certain employees of the applicant company. The dispute centred on the terms of the agreement, specifically whether it complied with the statutory requirements of the Fair Work Act 2009 and the Fair Work Regulations 2009.

The primary legal issues before the court involved the interpretation and application of the Fair Work Act 2009 and the Fair Work Regulations 2009 to the agreement. The court had to determine whether the agreement met the necessary standards for good faith bargaining, included all required provisions, and was fair and reasonable. Additionally, the court considered whether the agreement provided adequate protection for employees' rights and interests, including minimum wages and conditions.

In its decision, the Fair Work Commission assessed the agreement against the legislative requirements, considering the nature of the bargaining process, the provisions of the agreement, and the impact on the employees. The Commission found that the agreement was the result of genuine bargaining efforts and contained all necessary provisions. It also concluded that the agreement was fair and reasonable, providing appropriate protections for the employees' rights and interests. Consequently, the Commission approved the Bis Industries BCT Enterprise Agreement 2016, as it complied with the statutory requirements and met the standards for good faith bargaining.

The final orders of the Commission included the approval of the Bis Industries BCT Enterprise Agreement 2016, which would govern the employment of the specified employees of Bis Industries Limited. The agreement would be registered under the Fair Work Act 2009, effective from the date of the decision. This ruling affirmed the rights and obligations of the parties involved and provided a framework for the continued employment relationship between Bis Industries Limited and the affected employees.

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