DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BIS Industries Limited T/A BIS Industries
(AG2016/7763)

WESTERN AREAS ENTERPRISE AGREEMENT 2016

Mining industry
COMMISSIONER ROE	MELBOURNE, 22 FEBRUARY 2017

Application for approval of the Western Areas Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Western Areas Enterprise Agreement 2016 (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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 22 February 2017 and, in accordance with s.54, will operate from 1 March 2017. The nominal expiry date of the Agreement is 1 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved BIS Industries Limited, trading as BIS Industries, which applied for approval of the Western Areas Enterprise Agreement 2016. The application was heard in the Fair Work Commission (FWC), Australia's industrial relations tribunal. The primary dispute centred around the terms of the enterprise agreement and whether it complied with the relevant legislative provisions, particularly those concerning modern awards and the protection of employees' rights.

The legal issues before the FWC were whether the proposed agreement met the requirements of the Fair Work Act 2009, including whether it provided for the modern award terms and conditions, and whether it was fairly negotiated. Additionally, the court needed to determine if the agreement contained all necessary provisions and if it appropriately balanced the interests of both employers and employees.

The FWC found that the Western Areas Enterprise Agreement 2016 largely complied with the legislative framework. The agreement incorporated the relevant modern award terms, and there was evidence that it had been negotiated in good faith. The court noted that while some minor issues existed, they did not substantially detract from the overall fairness and compliance of the agreement. Consequently, the FWC approved the agreement, finding it to be in the best interests of the employees and compliant with the Fair Work Act.

No further orders were made by the FWC as the primary issue of approval had been resolved in favour of BIS Industries Limited.

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