DECISION

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

Bis Industries Limited T/A Bis Industries
(AG2016/6446)

BIS INDUSTRIES WHYALLA WORKSHOPS ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER HAMPTON	ADELAIDE, 19 OCTOBER 2016

Application for approval of the Bis Industries Whyalla Workshops Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Bis Industries Whyalla Workshops 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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[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, was before the Fair Work Commission in an application for the approval of the Bis Industries Whyalla Workshops Enterprise Agreement 2016. The applicant, Bis Industries, sought approval of the enterprise agreement from the Fair Work Commission under section 230 of the Fair Work Act 2009. The dispute centred on whether the agreement met the legal requirements for approval, particularly whether it provided for the mandatory elements and whether it was made in good faith and without coercion.

The legal issues before the Commission included whether the enterprise agreement provided for all the mandatory terms and conditions as stipulated by the Fair Work Act. Additionally, the Commission had to determine if the agreement was made in good faith and without coercion, and whether it adhered to the procedural requirements for enterprise agreements. The Commission also considered whether the agreement met the "better off overall test" for employees covered by the agreement.

In its decision, the Fair Work Commission found that the Bis Industries Whyalla Workshops Enterprise Agreement 2016 met the necessary requirements for approval. The Commission confirmed that the agreement contained all the mandated terms and conditions and was made in good faith and without coercion. The agreement was also found to comply with the procedural requirements, and it met the better off overall test for the employees involved. The Commission approved the enterprise agreement, noting that it provided a fair and reasonable set of terms and conditions for the employees of Bis Industries. The Commission's decision was based on the evidence presented and the applicable legal standards under the Fair Work Act.

The Fair Work Commission approved the Bis Industries Whyalla Workshops Enterprise Agreement 2016, confirming its compliance with the Fair Work Act. The agreement was deemed to include all mandatory terms and conditions, to have been made in good faith and without coercion, and to meet the better off overall test for the employees. The approval of the agreement was effective from the date of the decision, and it became the applicable enterprise agreement for the employees covered by it.

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