DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BIS Industries Limited
(AG2015/3812)

BIS INDUSTRIES SOUTH WEST LOGISTICS ENTERPRISE AGREEMENT 2015

Road transport industry
COMMISSIONER ROE	MELBOURNE, 13 JULY 2015

Application for approval of the Bis Industries South West Logistics Enterprise Agreement 2015.

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

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 13 July 2015 and, in accordance with s.54, will operate from 20 July 2015. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case are BIS Industries Limited and the Fair Work Commission. The dispute revolves around the application for approval of the BIS Industries South West Logistics Enterprise Agreement 2015. The matter was heard in the Fair Work Commission, Australia’s independent national workplace relations tribunal. The company sought approval for an enterprise agreement that it had negotiated with its employees, but certain conditions of the agreement required the Commission's approval to be lawful.

The central legal issue before the Commission was whether the enterprise agreement complied with the requirements of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement met the criteria for "simplification, flexibility and certainty" as outlined in the Act. This included assessing whether the agreement contained appropriate mechanisms for resolving disputes and ensuring that it provided fair and reasonable terms for both employers and employees.

In delivering its decision, the Commission considered the provisions of the Fair Work Act and relevant case law. The Commission found that the agreement met the necessary criteria for approval. It determined that the agreement included appropriate dispute resolution mechanisms and provided fair and reasonable terms for the employees. The Commission was satisfied that the agreement promoted simplification, flexibility, and certainty in the workplace. Consequently, the Commission approved the BIS Industries South West Logistics Enterprise Agreement 2015.

The final orders of the Commission were that the BIS Industries South West Logistics Enterprise Agreement 2015 be approved as a registered agreement under section 176 of the Fair Work Act 2009. This decision effectively endorsed the agreement and allowed it to come into effect, providing a legally binding framework for the employer-employee relationship in accordance with the terms negotiated.

BIS Industries Limited

DECISION

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Background to the litigation

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Legal Principle Established