DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Bis Industries Limited T/A Bis Industries
(AG2016/6447)

BIS INDUSTRIES EXPORT AND MIDDLEBACK RANGES ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER HAMPTON	ADELAIDE, 19 OCTOBER 2016

Application for approval of the Bis Industries Export and Middleback Ranges Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Bis Industries Export and Middleback Ranges Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Bis Industries Limited T/A Bis Industries. The Agreement is a single-enterprise agreement.

[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 Australian Workers’ Union and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that each wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 October 2016. The nominal expiry date of the Agreement is 18 October 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Bis Industries Limited, trading as Bis Industries, applied to the Fair Work Commission for approval of the Bis Industries Export and Middleback Ranges Enterprise Agreement 2016. The application was brought before the Fair Work Commission as it is the body with jurisdiction to approve enterprise agreements under the Fair Work Act 2009. The legal issues that the Commission needed to address were whether the agreement was made in accordance with the requirements of the Fair Work Act and whether it was likely to achieve an improved outcome for the employees in terms of their pay and conditions.

The Fair Work Commission determined that the agreement was made in accordance with the legislative requirements. The Commission found that the agreement was not based on a single issue but rather on a range of matters including pay and conditions, leave, and dispute resolution. The Commission also found that the agreement was likely to achieve an improved outcome for the employees, particularly in relation to pay and conditions. The Commission was satisfied that the agreement was fair and reasonable, and that it did not undermine the protection afforded by the safety net of minimum wages and conditions.

In light of the above, the Fair Work Commission approved the Bis Industries Export and Middleback Ranges Enterprise Agreement 2016. The Commission made an order that the agreement be approved as a certified agreement under the Fair Work Act. The approval of the agreement means that it will now be binding on the employees and employers covered by the agreement, and will replace any existing agreement or award that may have applied to those parties. The decision of the Commission is final and cannot be appealed.

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