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

Annexure A

CaseChat Overview and Summary

Bis Industries Limited, trading as Bis, filed an application with the Fair Work Commission for approval of the Bis Hobart Operations Enterprise Agreement 2020. The application was contested by the Tasmanian Trades and Labour Council, which argued that the agreement did not meet the statutory requirements for approval under the Fair Work Act 2009. The primary issue before the Commission was whether the agreement adequately covered the terms and conditions of employment of the employees it purported to cover, and if it was consistent with the relevant legislative provisions.

The Commission examined the content of the agreement and the evidence provided by both parties. It was noted that the agreement had been negotiated between Bis and the Tasmanian Trades and Labour Council, and that it covered a broad range of employees employed by Bis in the Hobart Operations. The Commission considered whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it complied with the relevant provisions of the Fair Work Act. The Commission also considered whether the agreement had been negotiated in good faith and whether it provided for adequate protection of employees' interests.

After considering the evidence and arguments presented by both parties, the Commission found that the agreement met the statutory requirements for approval. The Commission determined that the agreement provided for fair and reasonable terms and conditions of employment, and that it complied with the relevant provisions of the Fair Work Act. The Commission also found that the agreement had been negotiated in good faith and that it provided for adequate protection of employees' interests. Accordingly, the Commission approved the Bis Hobart Operations Enterprise Agreement 2020. The Fair Work Commission’s decision was that the agreement was to be approved, and it set out the terms of the agreement that would apply to the employees covered by the agreement.

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