DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bis Industries Limited t/a Bis Industries
(AG2015/5087)

BIS INDUSTRIES EXPORT AND MIDDLEBACK RANGES ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 29 SEPTEMBER 2015

Application for approval of the Bis Industries Export and Middleback Ranges Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Bis Industries Export and Middleback Ranges Enterprise Agreement 2015 (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 Industries. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 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.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and The Australian Workers’ Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

[4] The Agreement was approved on 29 September 2015 and, in accordance with s.54, will operate from 6 October 2015. The nominal expiry date of the Agreement is 6 October 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Bis Industries Limited, trading as Bis Industries, applied to the Fair Work Commission for the approval of the Bis Industries Export and Middleback Ranges Enterprise Agreement 2015. The application arose due to disputes over the terms and conditions of employment for workers under the proposed agreement. The Fair Work Commission was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreement provided for the employees' terms and conditions of employment in a fair and reasonable manner, whether the agreement had been made in good faith, and whether the agreement contained the necessary provisions for the protection of employees' rights. The Commission also considered whether the agreement complied with relevant legislative requirements, including provisions for minimum wages, leave entitlements, and dispute resolution mechanisms.

In reaching its decision, the Fair Work Commission assessed the agreement against the criteria set out in the Fair Work Act. The Commission found that the agreement was fair and reasonable, had been made in good faith, and contained all necessary provisions for the protection of employees' rights. The agreement also met all legislative requirements, including provisions for minimum wages, leave entitlements, and dispute resolution mechanisms. Consequently, the Commission approved the Bis Industries Export and Middleback Ranges Enterprise Agreement 2015.

The Fair Work Commission approved the Bis Industries Export and Middleback Ranges Enterprise Agreement 2015, finding that it met all statutory requirements for approval under the Fair Work Act. This decision allows the agreement to come into effect, governing the terms and conditions of employment for the relevant employees.

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