[2021] FWCA 2688

The attached document replaces the document previously issued with the above code on 12 May 2021 to correct a typographical error.

Associate to Commissioner Simpson

Dated 13 May 2021.

[2021] FWCA 2688

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BIS Industries Limited T/A BIS
(AG2021/4856)

BIS TASMANIAN QUARRIES ENTERPRISE AGREEMENT 2021

Quarrying industry
COMMISSIONER SIMPSON	BRISBANE, 12 MAY 2021

Application for approval of the Bis Tasmanian Quarries Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Bis Tasmanian Quarries Enterprise Agreement 2021 (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 (the Applicant). The Agreement is a single enterprise agreement.

[2] I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] Noting clause 5(b) of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

[4] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, BIS Industries Limited, trading as BIS, applied for approval of the Bis Tasmanian Quarries Enterprise Agreement 2021. The dispute revolved around the terms and conditions of employment for employees working in the Tasmanian quarries of BIS. The Commission was required to determine whether the proposed agreement met the criteria for approval under the Fair Work Act 2009.

The central legal issues were whether the agreement provided for fair and reasonable terms and conditions, and if it adhered to the process requirements outlined in the Fair Work Act. Additionally, the Commission needed to consider if the agreement would have a genuine effect on the parties' bargaining positions and if it would promote harmonious, productive, and cooperative workplace relationships.

The Commission found that the agreement met the necessary criteria for approval. It provided for fair and reasonable terms and conditions, adhered to the procedural requirements, and had the potential to promote harmonious, productive, and cooperative workplace relationships. The Commission was satisfied that the agreement had a genuine effect on the parties' bargaining positions, as it balanced the interests of both employers and employees. As such, the Commission approved the Bis Tasmanian Quarries Enterprise Agreement 2021.

BIS Industries Limited T/A BIS

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established