Bis Industries Ltd

[2014] FWCA 4888

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bis Industries Ltd
(AG2014/1640)

BIS INDUSTRIES NEWLANDS MAINTENANCE ENTERPRISE AGREEMENT 2014

Coal industry
COMMISSIONER WILLIAMS	PERTH, 23 JULY 2014

Application for approval of the Bis Industries Newlands Maintenance Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Bis Industries Newlands Maintenance Enterprise Agreement 2014 (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 Ltd. 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 July 2014. The nominal expiry date of the Agreement is 23 July 2018.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission concerned the application for approval of the Bis Industries Newlands Maintenance Enterprise Agreement 2014. The applicant, Bis Industries, sought to have the agreement recognised as a protected action agreement under the Fair Work Act 2009. The dispute arose from negotiations between Bis Industries and the union, which led to the creation of the agreement, aimed at regulating the terms and conditions of employment for workers within the Newlands Maintenance Enterprise.

The primary legal issue before the commission was whether the agreement met the criteria for protected action approval, specifically whether it was a genuine enterprise agreement, free from any unlawful content. This required the commission to examine the negotiation process, the content of the agreement, and its compliance with the Fair Work Act. Additionally, the commission had to ensure that the agreement was fair and balanced, considering the interests of both the employer and the employees.

The commission determined that the agreement was a genuine enterprise agreement, reflecting the outcome of bona fide negotiations between Bis Industries and the union. The commission found that the negotiation process was robust and that the agreement contained no unlawful content. Furthermore, the commission considered that the terms of the agreement were fair and reasonable, taking into account the interests of both parties. The commission concluded that the agreement met all the criteria for protected action approval and granted the application for its approval.

In summary, the Fair Work Commission approved the Bis Industries Newlands Maintenance Enterprise Agreement 2014, recognising it as a protected action agreement under the Fair Work Act. The commission's decision was based on its finding that the agreement was a genuine enterprise agreement, free from any unlawful content, and that it was fair and reasonable in its terms.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established