DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bis Industries Limited T/A Bis
(AG2019/227)

BIS PORT KEMBLA ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER JOHNS	SYDNEY, 6 MAY 2019

Application for approval of the Bis Port Kembla Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Bis Port Kembla Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (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.

[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] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 May 2019. The nominal expiry date of the Agreement is 5 May 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Bis Industries Limited, trading as Bis, the applicant sought approval for the Bis Port Kembla Enterprise Agreement 2018. The application was brought before the Fair Work Commission (FWC) to determine whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The dispute primarily revolved around whether the agreement provided fair terms and conditions for employees at the Bis Port Kembla facility and if it complied with the procedural and substantive requirements of the Act.

The legal issues before the Commission included whether the agreement had been made in good faith, if it contained the necessary minimum terms and conditions, and whether the process leading to the agreement was fair and appropriate. Additionally, the Commission needed to consider whether the agreement provided for adequate pay and conditions, and whether it adhered to the principles of procedural fairness and substantive fairness. The central focus was on ensuring that the agreement was beneficial to both the employer and employees, while also adhering to statutory requirements.

The Fair Work Commission determined that the agreement was made in good faith and contained the required minimum terms and conditions. The Commission found that the process leading to the agreement was fair and appropriate, as it involved adequate consultation and negotiation. The agreement was found to provide for fair pay and conditions, meeting the statutory requirements for procedural and substantive fairness. The Commission concluded that the agreement was in the best interests of the employees and approved the Bis Port Kembla Enterprise Agreement 2018.

The Commission's final orders included the approval of the Bis Port Kembla Enterprise Agreement 2018, effective from the date of the decision. The agreement was to be registered with the Commission, and the parties were directed to comply with the terms of the agreement. This decision provided clarity and certainty for both the employer and employees regarding the terms and conditions of employment, ensuring that the agreement met the legal standards set by 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