DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bis Industries Limited T/A Bis
(AG2020/3498)

BIS MORANBAH NORTH ENTERPRISE AGREEMENT 2020

Coal industry
COMMISSIONER YILMAZ	MELBOURNE, 16 DECEMBER 2020

Application for approval of the Bis Moranbah North Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Bis Moranbah North Enterprise Agreement 2020 (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 T/A Bis. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Construction, Forestry, Maritime, Mining and Energy Union 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) I note that the Agreement covers the organisation.

[6] The Agreement is approved and in accordance with s.54, will operate from 23 December 2020. The nominal expiry date of the Agreement is 16 November 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Bis Industries Limited, trading as Bis, and its employees. The dispute centred around the application for approval of the Bis Moranbah North Enterprise Agreement 2020. The Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009. The employees, represented by their union, contested certain aspects of the agreement, particularly those related to remuneration and working conditions.

The legal issues before the Commission included whether the agreement was genuinely negotiated, if it contained the requisite minimum terms and conditions, and whether it was fair and appropriate in all its aspects. The Commission also had to consider if the agreement provided for the proper protection of employees' rights and interests, and whether it adhered to the procedural requirements for enterprise agreements.

In its decision, the Commission found that the agreement was genuinely negotiated and contained all the required minimum terms and conditions. The Commission acknowledged the union's concerns but concluded that the agreement was fair and appropriate. The Commission was satisfied that the agreement provided for the proper protection of employees' rights and interests, and that it complied with the procedural requirements for enterprise agreements. Consequently, the Commission approved the Bis Moranbah North Enterprise Agreement 2020.

The Commission issued its decision in favour of approving the enterprise agreement. The approval was subject to the agreement being registered by the Fair Work Commission within the specified timeframe. This decision provides clarity for both Bis Industries Limited and its employees regarding the terms and conditions of their employment moving forward.

Bis Industries Limited T/A Bis

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established