DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bis Industries Limited
(AG2015/3412)

BIS INDUSTRIES NEWLANDS PRODUCTION ENTERPRISE AGREEMENT 2015

Coal industry
COMMISSIONER LEE	MELBOURNE, 30 JULY 2015

Application for approval of the Bis Industries Newlands Production Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Bis Industries Newlands Production 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] 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 30 July 2015 and, in accordance with s.54 of the Act, will operate from 6 August 2015. The nominal expiry date of the Agreement is 30 September 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Bis Industries Limited recently faced a case before the Fair Work Commission, where the matter involved an application for the approval of the Bis Industries Newlands Production Enterprise Agreement 2015. The dispute arose as the Fair Work Commission needed to determine whether the agreement met the criteria for approval under the Fair Work Act 2009. The application was brought by Bis Industries, and the opposition came from employees represented by a union.

The central legal issues in the case revolved around whether the agreement was genuinely a product of bargaining between the parties, whether it included all mandatory terms required by law, and if the agreement was in the best interests of the employees. The Fair Work Commission had to evaluate the fairness and appropriateness of the terms outlined in the agreement and determine if it complied with the relevant statutory requirements.

In considering these issues, the Fair Work Commission examined the process by which the agreement was negotiated, the content of the agreement, and its potential impact on the employees. The Commission found that the agreement had been genuinely bargained between the parties and contained all necessary mandatory terms. Furthermore, the Commission concluded that the agreement was fair and in the best interests of the employees, taking into account the overall context and the benefits provided by the agreement. Consequently, the Fair Work Commission approved the Bis Industries Newlands Production Enterprise Agreement 2015.

The final orders of the Commission were to approve the agreement in its entirety, subject to the terms and conditions specified within the agreement. This decision ensures that the agreement will govern the employment relationship between Bis Industries and the employees covered by the agreement, providing a legally binding framework for their working conditions.

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