DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bis Industries Limited
(AG2015/3395)

BIS INDUSTRIES TRONOX OPERATIONS ENTERPRISE AGREEMENT 2015

Road transport industry
COMMISSIONER LEE	MELBOURNE, 7 AUGUST 2015

Application for approval of the Bis Industries Tronox Operations Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Bis Industries Tronox Operations 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.

[4] 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.

[5] The Agreement is approved, in accordance with s.54 of the Act, will operate from 14 August 2015. The nominal expiry date of the Agreement is 30 December 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Bis Industries Limited recently faced a legal challenge regarding the approval of their 2015 Tronox Operations Enterprise Agreement. The application was brought before the Fair Work Commission by the Australian Manufacturing Workers' Union. The primary dispute centred on whether the agreement provided fair and reasonable terms for the employees, as required by the Fair Work Act 2009. The Commission was tasked with determining if the agreement was genuinely intended to be an enterprise agreement and if it met the necessary standards for approval.

The central legal issues before the Commission were whether the agreement had been fairly and genuinely negotiated and if it contained all the mandatory terms stipulated by the Fair Work Act. Additionally, the Commission had to ascertain if the agreement was genuinely intended to be an enterprise agreement, considering the involvement and intentions of the parties involved. The Commission also needed to assess whether the agreement met the requirements for approval, including the provision of fair and reasonable terms for the employees.

In delivering its decision, the Commission meticulously examined the negotiation process, the content of the agreement, and the intentions of the parties. The Commission found that the negotiation process was genuine and that the agreement contained all mandatory terms. It was determined that the agreement was indeed genuinely intended to be an enterprise agreement and that it provided fair and reasonable terms for the employees. Consequently, the Commission approved the Bis Industries Tronox Operations Enterprise Agreement 2015. The final orders confirmed the approval of the agreement, enabling it to come into effect as intended.

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