DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bis Industries Limited T/A Bis
(AG2020/2132)

BIS WESTERN REGION ENTERPRISE AGREEMENT 2019

Mining industry
COMMISSIONER WILLIAMS	PERTH, 30 SEPTEMBER 2020

Application for approval of the Bis Western Region Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Bis Western Region Enterprise Agreement 2019 (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 Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) have requested and was provided with copies of the Form F16-Application for approval of an enterprise agreement and the Form F17-Employer’s declaration in support of an application for approval of an enterprise agreement in redacted form to protect personal information.

[3] Subsequently the CFMMEU made an application to make submissions regarding the approval application recognising it was not a bargaining representative involved in the negotiation of the Agreement. The CFMMEU provided written submissions in support of them being heard and regarding objections they have to the Agreement being approved by the Commission.

[4] It is submitted that the CFMMEU has an interest in the Agreement because its scope covers industries in which it and its members have an interest. The CFMMEU submits the Commission should exercise its discretion under s.590 of the Act and allow it to be heard in this matter.

[5] In this case the CFMMEU was not involved in the bargaining process and it has neither any right, interest or legitimate expectation concerning the approval of the Agreement. Neither the CFMMEU’s interests nor its members will be directly affected by the outcome of this application.

[6] Further the CFMMEU, not being involved in the bargaining process, has no particular knowledge of relevant events.

[7] The CFMMEU has not put forward a sound reason why the Commission should exercise its discretion under s.590 of the Act and allow it to be heard in this matter.

[8] The CFMMEU will not be heard further regarding this application.

[9] 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.

[10] Subject to the undertakings referred to above, 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. The undertakings are taken to be a term of the Agreement.

[11] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 October 2020. The nominal expiry date of the Agreement is 29 September 2024.

Printed by authority of the Commonwealth Government Printer

Annexure A

Bis Industries Limited, trading as Bis, applied to the Fair Work Commission for approval of the Bis Western Region Enterprise Agreement 2019. The application was brought under the Fair Work Act 2009, and the Fair Work Commission was tasked with determining whether the agreement met the necessary criteria for approval, including whether it provided for the proper classification and rates of pay for employees.

The legal issues before the court were primarily concerned with whether the proposed agreement adequately covered the classification of employees, ensured fair remuneration, and complied with the requirements of the Fair Work Act. The court also had to consider whether the agreement provided for appropriate mechanisms for dispute resolution and whether it had been negotiated in good faith.

In rendering its decision, the court examined the provisions of the agreement and found that it met the necessary criteria. The court was satisfied that the agreement provided for proper classification and adequate rates of pay for employees, and that it included appropriate mechanisms for dispute resolution. The court also concluded that the agreement had been negotiated in good faith, and that it complied with all relevant provisions of the Fair Work Act.

The Fair Work Commission approved the Bis Western Region Enterprise Agreement 2019, finding that it met all the necessary criteria for approval. The agreement was deemed to provide for proper classification and fair remuneration for employees, and it included appropriate mechanisms for dispute resolution. The court found that the agreement had been negotiated in good faith and that it complied with all relevant provisions of the Fair Work Act.

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