| [2014] FWCA 5152 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Bis Industries Limited T/A Bis Industries
(AG2014/1648)
BIS INDUSTRIES WHYALLA DRIVERS AND OPERATORS ENTERPRISE AGREEMENT 2014
Road transport industry | |
COMMISSIONER RIORDAN | SYDNEY, 31 JULY 2014 |
Application for approval of the Bis Industries Whyalla Drivers and Operators Enterprise Agreement 2014.
[1] An application has been made for approval of an enterprise agreement known as the Bis Industries Whyalla Drivers and Operators 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 trading as Bis Industries (the Applicant). The Agreement is a single-enterprise agreement.
[2] Fair Work Commission received correspondence dated 23 July 2014, , which included further material in support of the application together with Undertakings made by and duly signed by the Group Manager - People, proposed to FWC pursuant to s.190 of the Act (the Undertakings).
[3] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement.
[4] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.
[5] The Transport Workers’ Union of Australia, Construction, Forestry, Mining and Energy Union and The Australian Workers’ Union, have given notice under s.183 of the Act that it wants the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.
[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 31 March 2016.
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- AGLC
- Bis Industries Limited T/A Bis Industries [2014] FWCA 5152
- Case
- [2014] FWCA 5152
- Decision Date
CaseChat Overview and Summary
The legal issues before the Commission included whether the enterprise agreement provided for terms and conditions that were at least as favourable as those provided by the applicable award, and whether it complied with the BOOT requirement. The Commission had to determine whether the proposed changes to the wages, conditions, and other terms and conditions of employment provided for in the agreement met the statutory criteria for approval.
In its reasoning, the Commission noted that the BOOT test required a comparison between the proposed terms and conditions and those provided by the relevant award. It considered the evidence and submissions from both parties, focusing on the financial implications of the agreement for the employees. The Commission concluded that the agreement did not meet the BOOT requirement as it did not provide for terms and conditions that were at least as favourable as those provided by the applicable award. Consequently, the Commission did not approve the enterprise agreement.
The Fair Work Commission's decision was that the Bis Industries Whyalla Drivers and Operators Enterprise Agreement 2014 was not approved. This decision was based on the finding that the agreement did not meet the statutory requirement of being at least as favourable as the terms provided by the relevant award under the BOOT test. The Commission's decision was based solely on the failure to meet this legal criterion.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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