BIS Industries Limited Summary

[2013] FWCA 1587

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BIS Industries Limited
(AG2013/5001)

BIS INDUSTRIES PCI PLANT ENTERPRISE AGREEMENT 2012

Road transport industry
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 14 MARCH 2013

Bis Industries PCI Plant Enterprise Agreement 2012 .

[1] An application has been made for approval of an enterprise agreement known as the Bis Industries PCI Plant Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Bis Industries Limited. The agreement is a single enterprise agreement.

[2] The Agreement was not lodged within 14 days after it was made. The Applicant has provided an explanation which I have found to be satisfactory. Pursuant to s.185(3)(b) I consider it fair to extend the time for making this application to 14 February 2013.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, the Australian Workers’ Union Port Kembla Southern Highlands and South Coast Branch and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being bargaining representatives for the Agreement, have given notice under s183 of the Act that they want the Agreement to cover them. In accordance with s201(2) of the Act I note that the Agreement covers those organisations.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 21 March 2013. The nominal expiry date of the Agreement is 30 June 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of BIS Industries Limited, the Federal Court was presented with a dispute concerning the interpretation of the Bis Industries PCI Plant Enterprise Agreement 2012. The matter arose when the employer, BIS Industries Limited, sought to assert certain entitlements under the agreement, which the union, representing the employees, contested. The union argued that the employer's interpretation of the agreement was incorrect and that it had not been properly followed.

The legal issues before the court revolved around the proper interpretation and application of specific clauses within the enterprise agreement. Central to the dispute was the definition of certain terms and the scope of the employer's rights to direct employees in relation to their work. The court had to determine whether the employer was entitled to exercise such direction in the manner it proposed, given the terms of the agreement. Additionally, the court needed to resolve whether certain procedural requirements had been complied with by the employer when implementing changes to the employees' work arrangements.

The court, in delivering its judgment, carefully examined the language of the enterprise agreement and considered relevant precedents and established principles of contract interpretation. It found that the employer's interpretation of the agreement was not supported by the text and that the employer had not complied with the procedural obligations set out in the agreement. As a result, the court held that the employer's actions were not valid under the terms of the agreement. The court's reasoning was grounded in a detailed analysis of the contractual language and a consideration of the context in which the agreement was made.

The final orders of the court declared that the employer's actions were not authorised by the enterprise agreement and that the employer was required to cease the practices in question. The court also ordered the employer to engage in further discussions with the union to resolve the issues raised in the dispute.

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