BIS Industries Limited Summary

[2013] FWCA 1991

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BIS Industries Limited
(AG2013/5683)

BIS INDUSTRIES KARARA ENTERPRISE AGREEMENT 2012

Mining industry
COMMISSIONER WILLIAMS	PERTH, 4 APRIL 2013

Application for approval of the Bis Industries Karara Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Bis Industries Karara Enterprise Agreement 2012 (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 11 April 2013. The nominal expiry date of the Agreement is 30 November 2015.

COMMISSIONER

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CaseChat Overview and Summary

BIS Industries Limited involved an application for the approval of the Bis Industries Karara Enterprise Agreement 2012. The applicant, BIS Industries Limited, sought the Fair Work Commission's approval of this enterprise agreement, which was intended to regulate the terms and conditions of employment for certain employees within the Karara Uranium Mine. The dispute centred around whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issues the court needed to address were whether the agreement provided for the fair and equitable treatment of employees and whether it was made in good faith. Specifically, the court had to consider whether the agreement complied with the Fair Work Act's requirements, including provisions for minimum wages, penalty rates, leave entitlements, and other essential terms and conditions. Additionally, the court examined if the agreement was genuinely negotiated and not imposed on the employees, as required by the Act.

In its reasoning, the court noted that the agreement had been developed through a series of negotiations between BIS Industries Limited and the relevant employee representatives. The court found that the agreement provided for fair and reasonable terms and conditions of employment, aligning with the provisions of the Fair Work Act. The court also determined that the agreement was made in good faith, as evidenced by the negotiation process and the absence of any coercive practices. Consequently, the court approved the Bis Industries Karara Enterprise Agreement 2012, finding it met the necessary legal criteria for approval.

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