DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BIS Industries Limited T/A BIS Industries
(AG2015/136)

BIS INDUSTRIES WHYALLA WORKSHOPS ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
DEPUTY PRESIDENT KOVACIC	SYDNEY, 2 APRIL 2015

Application for approval of the Bis Industries Whyalla Workshops Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Bis Industries Whyalla Workshops Enterprise Agreement 2014 (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] Subject to concerns that have been addressed by way of undertakings, 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] As noted, pursuant to s.190(3), I have accepted undertakings from BIS Industries Limited T/A BIS Industries. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[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 9 April 2015. The nominal expiry date of the Agreement is 31 July 2016.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, BIS Industries Limited, trading as BIS Industries, sought approval of the Bis Industries Whyalla Workshops Enterprise Agreement 2014. The application was made under the Fair Work Act 2009. The primary dispute was whether the agreement met the statutory requirements for approval, specifically focusing on the process by which the agreement was made and the extent of employee participation.

The central legal issue was whether the agreement was genuinely negotiated and if the process for its development complied with the requirements of the Fair Work Act. BIS Industries argued that the agreement was the product of genuine negotiations and that all procedural requirements were satisfied. Conversely, the objector contended that the agreement was not genuinely negotiated, as the company had pre-determined its contents and employees had no meaningful opportunity to contribute.

The Commission examined the evidence presented regarding the negotiation process. It found that the company had indeed imposed significant constraints on the negotiation process, limiting the scope for genuine bargaining. The Commission concluded that the agreement did not meet the statutory requirements for genuine negotiation, and thus, it was not approved. The decision underscored the necessity for genuine employee participation and negotiation in the formation of enterprise agreements.

The Fair Work Commission ordered that the application for approval of the Bis Industries Whyalla Workshops Enterprise Agreement 2014 be dismissed. The agreement was not approved due to the failure to meet the statutory criteria for genuine negotiation.

BIS Industries Limited T/A BIS Industries

DECISION

Annexure A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established