[2016] FWCA 3599

The attached document replaces the document previously issued with the above code on 2 June 2016.

A typographical error in the agreement’s title has been corrected.

Edrea Tio

Associate to Senior Deputy President Hamberger

Dated 8 June 2016.

[2016] FWCA 3599

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bis Industries Limited T/A Bis Industries
(AG2016/1357)

BIS INDUSTRIES MURRIN MURRIN DRIVERS AND OPERATORS ENTERPRISE AGREEMENT 2016

Mining industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 2 JUNE 2016

Approval of the Bis Industries Murrin Murrin Drivers and Operators Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Bis Industries Murrin Murrin Drivers and Operators Enterprise Agreement 2016 (the Agreement). The application was made by Bis Industries Limited T/A Bis Industries pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Agreement is approved and will operate from 9 June 2016. The nominal expiry date of the Agreement is 1 July 2019.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Bis Industries Limited, trading as Bis Industries, was before the Fair Work Commission in relation to the approval of the Bis Industries Murrin Murrin Drivers and Operators Enterprise Agreement 2016. The dispute centred around whether the enterprise agreement met the necessary criteria under the Fair Work Act 2009 for approval and registration. The legal issues revolved around whether the agreement had been made in good faith, whether it contained only matters negotiable in good faith, and whether it was free from prohibited content.

The Fair Work Commission examined the process through which the agreement was negotiated and the contents of the agreement itself. It was crucial to determine if the agreement had been negotiated in good faith, which includes considerations of whether the parties had engaged in genuine bargaining and had acted without coercion, duress or unfair pressure. Additionally, the Commission assessed whether the agreement contained only matters that could be genuinely bargained over and whether it included any prohibited content, such as terms that might undermine the safety and health of employees.

The Fair Work Commission found that the agreement was indeed made in good faith and contained only matters negotiable in good faith. It concluded that there was no prohibited content present in the agreement. The Commission approved the Bis Industries Murrin Murrin Drivers and Operators Enterprise Agreement 2016, registering it as a registered agreement under the Fair Work Act 2009.

The orders of the Fair Work Commission included the registration of the enterprise agreement, effective from the date of the decision. This registration provided legal recognition to the terms and conditions set out in the agreement, ensuring they were enforceable between the employer and the employees covered by the agreement.

Bis Industries Limited T/A Bis Industries

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established