DECISION

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

Bis Industries Limited T/A Bis Industries
(AG2016/6448)

BIS INDUSTRIES WHYALLA DRIVERS AND OPERATORS ENTERPRISE AGREEMENT 2016

Road transport industry
COMMISSIONER HAMPTON	ADELAIDE, 18 OCTOBER 2016

Application for approval of the Bis Industries Whyalla Drivers and Operators Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Bis Industries Whyalla Drivers and Operators 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, Construction, Forestry, Mining and Energy 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, sought approval for the Bis Industries Whyalla Drivers and Operators Enterprise Agreement 2016. The applicant, Bis Industries, argued that the agreement was fairly negotiated and met the statutory requirements for approval under the Fair Work Act 2009. The dispute centred on whether the agreement complied with the procedural and substantive requirements of the Act, including the need for genuine negotiation and the protection of employee rights.

The court had to determine whether the enterprise agreement was genuinely negotiated and whether it met the criteria for approval as set out in the Fair Work Act. This involved examining the negotiation process and the content of the agreement to ensure it did not adversely affect employees' rights or entitlements. The court also needed to consider whether the agreement complied with any relevant awards or registered agreements that applied to the parties.

The court found that the enterprise agreement was genuinely negotiated and met all statutory requirements for approval. The court was satisfied that the negotiation process was transparent and that the agreement did not unfavourably affect employees' rights or entitlements. The court also confirmed that the agreement did not conflict with any relevant awards or registered agreements. As a result, the court approved the Bis Industries Whyalla Drivers and Operators Enterprise Agreement 2016.

No further orders were made by the court, and the enterprise agreement was approved in its entirety. The decision confirmed that the enterprise agreement was compliant with the statutory requirements under the Fair Work Act and could be implemented by the parties.

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