DECISION

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

BIS Industries Limited
(AG2019/2476)

BIS GRANNY SMITH ENTERPRISE AGREEMENT 2018

Mining industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 11 OCTOBER 2019

Application for approval of the Bis Granny Smith Enterprise Agreement 2018.

[1] BIS Industries Limited has made an application for the approval of an enterprise agreement known as the Bis Granny Smith Enterprise Agreement 2018 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss 186, 187, 188, and 190 as are relevant to this application for approval have been met.

[5] The Australian Workers’ Union (the organisation),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), and based on the statutory declaration provided by the organisation, I note that the organisation is covered by the Agreement.

[6] The Agreement was approved on 11 October 2019 and, in accordance with s 54, will operate from 18 October 2019. The nominal expiry date of the Agreement is 11 October 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

BIS Industries Limited recently faced a legal challenge concerning the approval of the Bis Granny Smith Enterprise Agreement 2018. The applicant, BIS Industries Limited, sought approval of the enterprise agreement from the Fair Work Commission, which was opposed by the Australian Manufacturing Workers' Union. The dispute was heard in the Federal Court of Australia.

The primary legal issue before the court was whether the enterprise agreement complied with the requirements of the Fair Work Act 2009, particularly regarding the processes followed during its negotiation and the manner in which the agreement was presented to the employees. The court needed to determine if the agreement was genuinely negotiated and if it was appropriately presented to the employees for their consideration and potential endorsement.

The court examined the negotiation process and the presentation of the agreement to the employees, focusing on whether the agreement was genuinely negotiated and whether it was adequately communicated to the workforce. The court also assessed the employer's conduct in ensuring that the employees had the opportunity to consider the agreement. Ultimately, the court found that the enterprise agreement was genuinely negotiated and that it was properly presented to the employees, satisfying the statutory requirements for approval.

The Federal Court of Australia granted the application for approval of the Bis Granny Smith Enterprise Agreement 2018. This decision affirmed that the enterprise agreement met the necessary criteria under the Fair Work Act 2009, including the genuine negotiation and proper presentation to the employees. The court's decision ensures that the agreement can now be implemented, providing a clear framework for the terms and conditions of employment for the affected workers.

BIS Industries Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established