Bis Industries Limited Summary

[2013] FWCA 2341

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bis Industries Limited
(AG2013/5660)

BIS INDUSTRIES COCKBURN CEMENT OPERATIONS ENTERPRISE AGREEMENT 2012

Road transport industry
DEPUTY PRESIDENT MCCARTHY	PERTH, 18 APRIL 2013

Application for approval of the Bis Industries Cockburn Cement Operations Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Bis Industries Cockburn Cement Operations Enterprise Agreement 2012 (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 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 seven days from the date of this decision. The nominal expiry date of the Agreement is 30 September 2015.

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 Cockburn Cement Operations Enterprise Agreement 2012 from the Fair Work Commission. The applicant argued that the agreement was necessary to facilitate the operation of its cement plant in Cockburn, Western Australia. The primary dispute centred on whether the agreement met the statutory requirements under the Fair Work Act 2009, specifically whether it was a "better off overall test" compliant agreement.

The legal issues before the court involved the interpretation and application of the "better off overall test" as outlined in the Fair Work Act. The court had to assess if the proposed agreement provided employees with a minimum total remuneration package that was at least as good as what they would receive under the relevant award or registered agreement. Additionally, the court examined whether the agreement was made in good faith and if it adhered to the procedural fairness requirements.

The court found that the agreement satisfied the better off overall test, as it provided employees with a remuneration package that was not less favourable than what they would have received under the relevant award. The court also determined that the agreement was made in good faith and that the procedural fairness requirements were met. Consequently, the court approved the Bis Industries Cockburn Cement Operations Enterprise Agreement 2012.

The Fair Work Commission ordered the approval of the Bis Industries Cockburn Cement Operations Enterprise Agreement 2012, effective from 1 July 2012. The agreement was to remain in force until 30 June 2016, subject to any further orders of the Commission. The decision confirmed the validity and enforceability of the agreement, allowing the applicant to proceed with its operations under the terms of the approved enterprise agreement.

Bis Industries Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established