BIS Industries Limited

[2013] FWCA 1989

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BIS Industries Limited
(AG2013/5633)

BIS INDUSTRIES ACID MANAGEMENT ENTERPRISE AGREEMENT 2013

Mining industry
COMMISSIONER WILLIAMS	PERTH, 4 APRIL 2013

Application for approval of the Bis Industries Acid Management Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Bis Industries Acid Management 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 Transport Workers’ Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] 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 June 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

BIS Industries Limited involved an application for the approval of the BIS Industries Acid Management Enterprise Agreement 2013. The applicant, BIS Industries, sought the Fair Work Commission's (FWC) approval of the agreement to ensure its compliance with the Fair Work Act 2009. The dispute centred on whether the agreement met the statutory requirements under the Act, specifically focusing on the provisions regarding the management of industrial disputes and the terms and conditions of employment.

The primary legal issues before the FWC were whether the agreement adequately provided for the resolution of industrial disputes and if it complied with the relevant provisions of the Fair Work Act. The FWC needed to determine if the agreement's provisions were consistent with the Act's requirement for fair and equitable treatment of employees, and if the agreement's terms and conditions were reasonable. The applicant argued that the agreement was fair and met all statutory requirements, while the respondents contended that certain provisions were inadequate or unfair.

The FWC carefully examined the agreement's provisions, considering both the text and the context in which they were to operate. The Commission found that the agreement generally met the statutory requirements for fair and equitable treatment of employees. However, some provisions were deemed insufficient in addressing the resolution of industrial disputes. After considering the arguments from both parties, the FWC concluded that, while the agreement was largely compliant, certain amendments were necessary to ensure full compliance with the Fair Work Act. The FWC approved the agreement with conditions, requiring BIS Industries to make specified amendments to address the deficiencies identified.

The final orders included the approval of the BIS Industries Acid Management Enterprise Agreement 2013, subject to the conditions imposed by the FWC. These conditions mandated that BIS Industries revise certain provisions to ensure they complied with the Fair Work Act's requirements for the resolution of industrial disputes. The FWC's decision balanced the need for industrial harmony with the statutory obligations under the Fair Work Act, ultimately facilitating a fair agreement that met the legal standards required.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established