DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BIS Industries Limited T/A BIS Industries
(AG2018/519)

BIS QUARRIES ENTERPRISE AGREEMENT 2018

Tasmania
COMMISSIONER LEE	MELBOURNE, 13 JUNE 2018

Application for approval of the BIS Quarries Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the BIS Quarries 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 Applicant 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 20 June 2018. The nominal expiry date of the Agreement is 19 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

BIS Industries Limited, trading as BIS Industries, applied to the Fair Work Commission for approval of the BIS Quarries Enterprise Agreement 2018. The applicant sought to have the agreement, which was made in accordance with the Fair Work Act 2009, registered as a certified agreement. The application came before the Commission in a hearing where the parties presented their arguments and evidence.

The primary legal issue before the Commission was whether the BIS Quarries Enterprise Agreement 2018 met the statutory requirements for approval under the Fair Work Act 2009. This included assessing whether the agreement had been made in accordance with the relevant provisions of the Act, including whether it had been made without the influence of any coercion or undue influence, and whether it contained the necessary minimum terms and conditions as prescribed by the Act. The Commission also considered whether the agreement was likely to result in improved productivity, efficiency and profitability, as well as improved workplace relations.

After considering the evidence and submissions presented by the parties, the Commission found that the BIS Quarries Enterprise Agreement 2018 met the statutory requirements for approval. The Commission was satisfied that the agreement had been made without the influence of any coercion or undue influence, and that it contained the necessary minimum terms and conditions. The Commission also found that the agreement was likely to result in improved productivity, efficiency and profitability, as well as improved workplace relations. Accordingly, the Commission approved the agreement as a certified agreement.

The final orders made by the Commission were that the BIS Quarries Enterprise Agreement 2018 be approved as a certified agreement under the Fair Work Act 2009, effective from the date of the Commission's decision. The agreement was registered with the Fair Work Commission and became legally binding on all employees and employers covered by the agreement. The parties were directed to take all necessary steps to give effect to the agreement and to comply with its terms and conditions.

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