Bis Industries Limited T/A Bis

[2020] FWCA 3136

[2020] FWCA 3136

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bis Industries Limited T/A Bis
(AG2020/1398)

BIS HOBART OPERATIONS ENTERPRISE AGREEMENT 2020

Timber and paper products industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 15 JUNE 2020

Application for approval of the Bis Hobart Operations Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Bis Hobart Operations 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. Pursuant to s.201(3), 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 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] I observe that clause 11.2(b) of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 5(b) of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement was approved on 15 June 2020 and, in accordance with s.54, will operate from 22 June 2020. The nominal expiry date of the Agreement is 14 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE508290  PR720223>

Annexure A