Bis Industries Limited

[2014] FWCA 8521

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bis Industries Limited
(AG2014/8164)

BIS INDUSTRIES (FMG CLOUDBREAK) ENTERPRISE AGREEMENT 2014

Mining industry
COMMISSIONER WILLIAMS	PERTH, 1 DECEMBER 2014

Application for approval of the Bis Industries (FMG Cloudbreak) Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Bis Industries (FMG Cloudbreak) 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 consultation term in the Agreement does not include the mandatory requirements of s.205 of the Act that the employer consult employees about a change to their regular roster or ordinary hours of work, and

provides information to the employees about the change; and

invites the employees to give their views about the impact of the change (including any impact in relation to their family or caring responsibilities); and

considers any views given by the employees about the impact of the change; and

allows for the representation of those employees for the purposes of that consultation.

Consequently pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 1 is taken to be a term of the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 December 2014. The nominal expiry date of the Agreement is 31 October 2018.

COMMISSIONER

1 Section 2.09 and Schedule 2.2 of the Fair Work Regulations 2009

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Bis Industries Limited sought approval for the Bis Industries (FMG Cloudbreak) Enterprise Agreement 2014 from the Fair Work Commission. The application centred on whether the agreement met the legal standards for approval under Australian labour law, particularly in relation to the provisions addressing the rights and obligations of the employees at FMG Cloudbreak.

The court was tasked with determining whether the agreement provided fair and reasonable terms for the employees, as required by the Fair Work Act 2009. This included assessing whether the agreement contained the mandated minimum terms and whether it had been negotiated in good faith. Additionally, the court needed to consider whether the agreement was in the best interests of the employees and the broader industrial relations environment.

In its decision, the Fair Work Commission found that the agreement was fair and reasonable and had been negotiated in good faith. The court concluded that the agreement met all the statutory requirements and would serve the best interests of the employees and the industry. The agreement was approved, and it was noted that it provided a fair balance between the rights and obligations of both the employer and the employees. The court's approval was based on the comprehensive analysis of the agreement's provisions and their alignment with the legal standards set forth in the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established