DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bis Industries Limited
(AG2015/5110)

BIS INDUSTRIES –WESTERN REGION- - ENTERPRISE AGREEMENT 2015

Mining industry
COMMISSIONER ROE	SYDNEY, 29 OCTOBER 2015

Application for approval of the Bis Industries – Western Region - - Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Bis Industries – Western Region - - Enterprise Agreement 2015 (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 29 October 2015 and, in accordance with s.54, will operate from 5 November 2015. The nominal expiry date of the Agreement is 1 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Bis Industries Limited, an entity engaged in various industrial operations, brought an application before the Fair Work Commission for the approval of the Bis Industries – Western Region Enterprise Agreement 2015. The application arose from the need to formalise the terms and conditions of employment for employees within the Western Region of the company. The primary focus of the dispute was whether the proposed enterprise agreement complied with the relevant legislative requirements and provisions of the Fair Work Act 2009.

The legal issues central to the application were whether the agreement met the procedural requirements for employee representation and whether the proposed terms were consistent with the provisions of the Fair Work Act. Specifically, the court needed to determine if the agreement was genuinely negotiated, if it complied with the "better off overall test," and if it adhered to the prescribed minimum terms and conditions set forth in the Fair Work Act.

In addressing these issues, the Fair Work Commission found that the agreement had been appropriately negotiated, with adequate representation of the employees involved. The Commission was satisfied that the agreement was better off overall for the employees, considering factors such as wages, conditions, and overall benefits. Furthermore, the proposed terms were found to comply with the statutory minimum standards. Consequently, the Fair Work Commission approved the Bis Industries – Western Region Enterprise Agreement 2015, recognising it as a valid and enforceable agreement.

No further orders were required as the approval of the agreement was the primary objective of the application. The decision provided clarity and legal certainty for the terms of employment within the specified region of Bis Industries, aligning with the legislative framework designed to protect both employers and 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