DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bis Industries Limited T/A Bis
(AG2020/57)

BIS MURRIN MURRIN ENTERPRISE AGREEMENT 2019

Mining industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 12 FEBRUARY 2020

Application for approval of the Bis Murrin Murrin Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Bis Murrin Murrin 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 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 as are relevant to this application for approval have been met.

[4] I note that Clauses 13.1, 14.5 and 15.1 are inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 1 of the undertaking provided, I am satisfied that the more beneficial entitlements of the NES will prevail.

[5] The Australian Workers’ 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 of the Act, will operate from 19 February 2020. The nominal expiry date of the Agreement is 11 February 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Bis Industries Limited, trading as Bis, applied for the approval of the Bis Murrin Murrin Enterprise Agreement 2019 by the Fair Work Commission. The dispute centred on whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. The Fair Work Commission, specifically the Full Bench, was tasked with determining the validity of the application.

The central legal issues the court had to address were whether the agreement contained the mandatory terms as required by the Fair Work Act and whether the process for reaching the agreement was compliant with the Act. The court examined whether the agreement was made in good faith and if it was free from any improper influences. The court also scrutinised whether the agreement adequately covered all the necessary aspects as stipulated by the Act, including provisions on pay and conditions.

In reaching its decision, the Full Bench of the Fair Work Commission considered the evidence presented by both parties, including the process by which the agreement was negotiated and the content of the agreement itself. The court found that the agreement met the statutory requirements, as it contained all the mandatory terms and was made in good faith without any improper influences. The process followed in negotiating the agreement was deemed to be compliant with the requirements of the Act. Consequently, the Full Bench approved the application for the agreement.

The final orders of the court were that the Bis Murrin Murrin Enterprise Agreement 2019 be approved as a registered agreement under the Fair Work Act 2009. This approval was contingent on the agreement being registered by the Registrar of the Fair Work Commission.

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