Bis Industries Limited

[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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Bis Industries Limited, sought approval for the Bis Industries Moranbah North Enterprise Agreement 2013. The Fair Work Commission was asked to determine if the agreement complied with the Fair Work Act 2009 and if it was in the best interests of the employees. The dispute arose from the negotiation and terms of the agreement, which was to be applied to the company's employees at the Moranbah North site.

The legal issues before the Commission included whether the agreement had been made freely and voluntarily by the employees, if it met the requirements of a low-paid enterprise agreement, and if it provided for adequate minimum terms and conditions. Additionally, the Commission needed to assess if the agreement was in the best interests of the employees, considering factors such as the provision of fair and reasonable terms and conditions of employment.

The Commission found that the agreement had been made freely and voluntarily by the employees, and it met the requirements of a low-paid enterprise agreement. The agreement was deemed to provide for adequate minimum terms and conditions, and the Commission was satisfied that it was in the best interests of the employees. The Commission approved the agreement, noting that it provided fair and reasonable terms and conditions of employment, and was in line with the objectives of the Fair Work Act 2009.

The Commission made an order approving the Bis Industries Moranbah North Enterprise Agreement 2013, effective from the date of the decision. The agreement was to apply to the employees of Bis Industries Limited at the Moranbah North site, and was to remain in force until it was terminated or superseded by a new agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established