DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bis Industries Limited T/A Bis Industries
(AG2018/1493)

BIS INDUSTRIES BCT ENTERPRISE AGREEMENT 2018

Road transport industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 24 AUGUST 2018

Application for approval of the Bis Industries BCT Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Bis Industries BCT Enterprise Agreement 2018 (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] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 August 2018. The nominal expiry date of the Agreement is 23 August 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Bis Industries Limited, trading as Bis Industries, sought approval of the Bis Industries BCT Enterprise Agreement 2018 in the Fair Work Commission. The application arose from a dispute regarding the terms and conditions of employment of certain workers under the agreement. The primary concern was whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The central legal issue was whether the agreement complied with the requirements for approval under section 232 of the Fair Work Act. This involved examining whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it was free from any undue influence or coercion. The court also needed to determine if the agreement met the procedural requirements, including adequate notice and opportunity for relevant parties to make submissions.

The Fair Work Commission, after considering the submissions and evidence, found that the Bis Industries BCT Enterprise Agreement 2018 met the criteria for approval. The agreement was deemed to provide for fair and reasonable terms and conditions of employment and was found to be free from any undue influence or coercion. Furthermore, the agreement satisfied the procedural requirements, ensuring that all relevant parties had the opportunity to make submissions. Consequently, the Commission approved the agreement, finding it to be in the best interests of the employees and the employer.

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