BIS Industries Limited

[2013] FWCA 1432

FAIR WORK COMMISSION

DECISION

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

BIS Industries Limited
(AG2013/5108)

BIS INDUSTRIES MACQUARIE GENERATION ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER CARGILL	SYDNEY, 11 MARCH 2013

Application for approval of the Bis Industries Macquarie Generation Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Bis Industries Macquarie Generation Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by BIS Industries Limited. The agreement is a single-enterprise agreement.

[2] As the Agreement does not contain a consultation term, the model consultation term is taken to be a term of the Agreement.

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

[4] The Agreement is approved and, in accordance with s.54, will operate from 18 March 2013. The nominal expiry date is 30 June 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, BIS Industries Limited sought approval for the Bis Industries Macquarie Generation Enterprise Agreement 2013. The agreement was submitted by the employer to the Commission, as it was a multi-employer agreement and therefore required approval under the Fair Work Act 2009. The Commission was tasked with determining whether the agreement should be approved or rejected.

The primary legal issue before the Commission was whether the agreement contained the necessary provisions to ensure the fair treatment of employees and compliance with relevant labour laws. The Commission considered whether the agreement provided for appropriate minimum terms and conditions, including pay rates, leave entitlements, and dispute resolution mechanisms. Additionally, the Commission examined whether the agreement complied with the requirements of the Fair Work Act, including the need for genuine agreement and the avoidance of unfair terms.

The Commission determined that the agreement met the necessary standards for approval. It found that the agreement provided for appropriate minimum terms and conditions, including pay rates, leave entitlements, and dispute resolution mechanisms. The Commission was satisfied that the agreement had been genuinely agreed upon by the parties and that it did not contain any unfair terms. As a result, the Commission approved the agreement, finding that it provided for the fair treatment of employees and compliance with relevant labour laws.

The Fair Work Commission approved the Bis Industries Macquarie Generation Enterprise Agreement 2013, subject to the conditions and provisions outlined in the agreement. The Commission's decision provides certainty for both employers and employees, ensuring that the agreement provides for fair and reasonable terms and conditions of employment. The approval of the agreement also facilitates the efficient operation of the workplace, allowing the parties to focus on their business operations without the need for ongoing disputes over employment terms and conditions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established