Bis Industries Limited

[2014] FWCA 3795

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bis Industries Limited
(AG2014/6143)

BIS INDUSTRIES BCT ENTERPRISE AGREEMENT 2014

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 6 JUNE 2014

Application for approval of the Bis Industries BCT Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Bis Industries BCT Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Bis Industries Limited (the Company). The agreement is a single-enterprise agreement.

[2] On 4 June 2014 undertakings were provided by Ms A Rochford, the Company’s Employee Relations Advisor, in relation to community service leave and severance pay. Pursuant to s.190 of the Act, I accept the Company’s undertakings. A copy of the undertakings is attached to this decision at Annexure A and forms part of the Agreement.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as is relevant to this application for approval has been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 June 2014. The nominal expiry date of the Agreement is 1 January 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Bis Industries Limited applied to the Fair Work Commission for approval of the Bis Industries BCT Enterprise Agreement 2014. The application was made by the employer under section 234 of the Fair Work Act 2009. The dispute concerned the terms and conditions of employment for employees in the BCT division of the company.

The primary legal issue was whether the agreement complied with the requirements of the Fair Work Act and Fair Work Regulations. Specifically, the Commission had to determine if the agreement met the criteria for approval, including whether it provided for fair and reasonable terms and conditions of employment. The Commission also considered the process by which the agreement was made, including whether it was genuinely negotiated and whether it complied with procedural fairness.

The Fair Work Commission found that the agreement was genuinely negotiated and met the requirements for approval under the Fair Work Act. The Commission considered the evidence and submissions provided by both parties and concluded that the agreement was fair and reasonable. The Commission also noted that the agreement provided for terms and conditions of employment that were no less favourable than the relevant award or safety net award. The application for approval was therefore approved.

The Fair Work Commission made an order approving the Bis Industries BCT Enterprise Agreement 2014. The agreement was registered on the Register of Approved Agreements and will apply to employees in the BCT division of Bis Industries Limited. The decision provides clarity for both the employer and employees regarding the terms and conditions of employment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established