DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bis Industries Limited
(AG2014/8227)

BIS INDUSTRIES MURRIN MURRIN DRIVERS AND OPERATORS ENTERPRISE AGREEMENT 2014

Mining industry
COMMISSIONER WILLIAMS	PERTH, 11 DECEMBER 2014

Application for approval of the Bis Industries Murrin Murrin Drivers and Operators Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Bis Industries Murrin Murrin Drivers and Operators Enterprise Agreement 2014 (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 of the Act as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 December 2014. The nominal expiry date of the Agreement is 31 December 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Bis Industries Limited sought approval for the Bis Industries Murrin Murrin Drivers and Operators Enterprise Agreement 2014. The applicant, Bis Industries Limited, is an employer engaged in the mining and exploration industry, while the respondents were employee organisations representing the interests of the drivers and operators at the Murrin Murrin mine. The dispute centred on whether the agreement should be approved, given its terms and conditions and the manner in which it was negotiated and executed.

The legal issues before the court were whether the agreement was genuinely negotiated and whether it contained the necessary minimum terms as stipulated by the Fair Work Act 2009. The court also needed to determine if the agreement had been properly certified and if it met the criteria for approval under the relevant legislation. Key to the decision was the examination of the negotiation process, the fairness of the terms, and the compliance with procedural requirements.

The court found that the agreement had been genuinely negotiated and contained the required minimum terms. It was satisfied that the negotiation process was fair and that the agreement was appropriately certified. The court determined that all procedural requirements had been met and that the agreement was in the best interests of the employees. Consequently, the court approved the agreement, recognising its compliance with the statutory requirements and its potential benefits for the employees.

The final orders of the court were to approve the Bis Industries Murrin Murrin Drivers and Operators Enterprise Agreement 2014, effective from the date of the decision. The agreement was to be registered and enforceable under the Fair Work Act, providing a framework for the terms and conditions of employment for the drivers and operators at the Murrin Murrin mine.

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