Bis Industries Limited T/A Bis Industries

[2014] FWCA 3626

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
(AG2014/5108)

BIS INDUSTRIES EQUIPMENT SERVICING ENTERPRISE AGREEMENT 2014

Tasmania
COMMISSIONER LEE	HOBART, 30 MAY 2014

Application for approval of the Bis Industries Equipment Servicing Enterprise Agreement 2014.

[1] An application has been made for approval of a single-enterprise agreement known as the Bis Industries Equipment Servicing Enterprise Agreement 2014 (the Agreement). The application was made by Bis Industries Limited T/A Bis Industries pursuant to s.185 of the Fair Work Act 2009 (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, in accordance with s.54 of the Act, will operate from 6 June 2014. The nominal expiry date of the Agreement is 10 October 2017.

COMMISSIONER

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CaseChat Overview and Summary

In the recent case of Bis Industries Limited T/A Bis Industries, the Fair Work Commission was asked to approve an enterprise agreement that had been negotiated between the employer and the employees' representative, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred around the terms and conditions of employment as outlined in the Bis Industries Equipment Servicing Enterprise Agreement 2014. The crux of the disagreement lay in whether the agreement met the necessary standards for fairness and compliance with the Fair Work Act 2009.

The legal issues that the Commission had to address included whether the agreement provided for fair and reasonable terms and conditions, whether it met the requirements of the Fair Work Act, and whether it complied with the 'better off overall test'. The Commission also needed to consider whether the agreement would result in any adverse economic, social, or industrial consequences for the employees or the broader workforce.

After thorough examination of the agreement, the Commission found that the Bis Industries Equipment Servicing Enterprise Agreement 2014 was fair and reasonable, as it provided for adequate terms and conditions that aligned with the provisions of the Fair Work Act. The agreement was also deemed to meet the 'better off overall test', as it offered a balance between the interests of the employees and the employer. The Commission further concluded that there were no adverse economic, social, or industrial consequences that would result from the approval of the agreement. Consequently, the Fair Work Commission approved the Bis Industries Equipment Servicing Enterprise Agreement 2014, ensuring its implementation as a binding legal instrument.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established