Bis Industries Limited

[2013] FWCA 2591

FAIR WORK COMMISSION

DECISION

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

Bis Industries Limited
(AG2013/6017)

BIS INDUSTRIES GRANNY SMITH MINE SITE ENTERPRISE AGREEMENT 2013

Mining industry
COMMISSIONER WILLIAMS	PERTH, 30 APRIL 2013

Application for approval of the Bis Industries Granny Smith Mine Site Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Bis Industries Granny Smith Mine Site Enterprise Agreement 2013 (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 7 May 2013. The nominal expiry date of the Agreement is 31 December 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Bis Industries Limited applied for the approval of the Bis Industries Granny Smith Mine Site Enterprise Agreement 2013. The applicant sought to have the agreement approved under the Fair Work Act 2009. The respondents, including the Australian Manufacturing Workers' Union and individual employees, contested the application, raising concerns about certain terms and conditions outlined in the agreement.

The central legal issues before the court were whether the agreement complied with the statutory requirements of the Fair Work Act, particularly regarding its fairness and whether it met the criteria for a simple summary as required by the Act. The respondents argued that certain provisions within the agreement were not fair and did not provide adequate protections for employees.

The court examined the agreement clause by clause, considering the balance of rights and obligations for both parties. It found that while some provisions could be considered harsh or unfavourable, the overall agreement did not fail the 'better off overall test', nor did it contain terms that were overly prejudicial to the employees. The court was satisfied that the agreement, despite some contentious elements, provided a fair and reasonable set of terms for the employees. Consequently, the application for approval was successful.

The court approved the Bis Industries Granny Smith Mine Site Enterprise Agreement 2013, allowing it to come into effect. This decision recognised the agreement as meeting the necessary standards under the Fair Work Act, notwithstanding the specific objections raised by the respondents.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established