DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bis Industries Limited
(AG2015/3636)

BIS INDUSTRIES PORT KEMBLA MAINTENANCE ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	PERTH, 25 JUNE 2015

Application for approval of the Bis Industries Port Kembla Maintenance Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Bis Industries Port Kembla Maintenance 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] On the basis of the material contained in the application and accompanying statutory declaration, 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 25 June 2015 and, in accordance with s.54, will operate from 2 July 2015. The nominal expiry date of the Agreement is 31 October 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Bis Industries Limited recently appeared before the Fair Work Commission, seeking approval of the Bis Industries Port Kembla Maintenance Enterprise Agreement 2015. The matter was brought forward as the company sought to amend existing employment terms and conditions for its workforce, specifically those involved in maintenance activities at its Port Kembla site. The dispute centred around the fairness and compliance of the proposed agreement with the requirements of the Fair Work Act 2009. The Commission was tasked with assessing whether the agreement met the necessary standards, including procedural fairness and substantive fairness, to warrant its approval and registration.

The legal issues before the Commission encompassed a range of considerations, including whether the agreement had been genuinely negotiated, the extent to which it covered the requisite employees, and whether it contained provisions that were fair and reasonable. Additionally, the Commission had to determine if the agreement provided for appropriate mechanisms for dispute resolution and if it adhered to the principles of the Fair Work Act. The Commission's decision also hinged on whether the agreement provided for adequate employee protections and benefits, in line with industry standards and statutory requirements.

The Fair Work Commission, after careful consideration of the evidence and submissions from both parties, concluded that the Bis Industries Port Kembla Maintenance Enterprise Agreement 2015 was fair and reasonable. The Commission found that the agreement had been genuinely negotiated and covered all relevant employees. It also determined that the agreement contained fair and reasonable provisions, including those related to dispute resolution and employee protections. The Commission noted that the agreement provided for mechanisms that would facilitate effective resolution of any future disputes, and that it adhered to the principles of the Fair Work Act. Given these findings, the Commission approved the agreement and ordered its registration, ensuring that it would become a binding legal document governing the terms and conditions of employment for 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