Bis Industries Limited

[2014] FWCA 933

[2014] FWCA 933

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Bis Industries Limited
(AG2014/3383)

BIS INDUSTRIES MORANBAH NORTH ENTERPRISE AGREEMENT 2013

Coal industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 6 FEBRUARY 2014

Application for approval of the Bis Industries Moranbah North Enterprise Agreement 2013.

[1] Bis Industries Limited applies for approval of an enterprise agreement known as the Bis Industries Moranbah North Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). 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.

[3] The Construction, Forestry, Mining and Energy Union - Mining and Energy Division, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that the organisation wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] On 4 February 2014 undertakings were provided by the Employer. Pursuant to s.190 of the Act, I accept the Employer’s undertakings. In accordance with s.201(3) of the Act I note that a copy of the undertakings is attached to the Agreement and forms part of the Agreement.

[5] The Agreement does not contain a model consultation clause. 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.

[6] The Agreement is approved and, in accordance with s.54, will operate from 13 February 2014. The nominal expiry date of the Agreement is 30 June 2016.

DEPUTY PRESIDENT

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