Bis Industries Ltd T/A Bis Industries Summary

[2014] FWCA 7275

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bis Industries Ltd T/A Bis Industries
(AG2014/7536)

BIS INDUSTRIES TASMANIAN QUARRY OPERATIONS ENTERPRISE AGREEMENT 2014

Quarrying industry
COMMISSIONER WILLIAMS	PERTH, 17 OCTOBER 2014

Application for approval of the BIS Industries Tasmanian Quarry Operations Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the BIS Industries Tasmanian Quarry Operations 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 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 October 2014. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved an application for the approval of the BIS Industries Tasmanian Quarry Operations Enterprise Agreement 2014. The applicant, BIS Industries Limited, trading as BIS Industries, sought the Fair Work Commission's (FWC) endorsement of the agreement, which had been negotiated between the employer and the Tasmanian Quarry Workers Union. The employees, represented by the union, contested the terms of the agreement, raising concerns over certain clauses, particularly those related to wages and conditions.

The central legal issue before the FWC was whether the contested clauses in the agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the FWC needed to determine if the agreement contained the necessary provisions for minimum wages and conditions, and whether it adhered to the principles of genuine collective bargaining as outlined in the legislation. Additionally, the FWC had to assess if the agreement was in the best interests of the employees and whether it facilitated a fair and efficient workplace.

The FWC found that the contested clauses were in line with the statutory minimum wage and conditions, and that the agreement reflected a genuine effort at collective bargaining. The Commission determined that the agreement was fair and met the necessary criteria for approval under the Act. Consequently, the FWC granted approval to the BIS Industries Tasmanian Quarry Operations Enterprise Agreement 2014, dismissing the objections raised by the employees' representatives.

No further orders were made by the Commission, as the primary objective of approving the enterprise agreement had been achieved. The agreement, as modified by the FWC's approval, now serves as a binding framework for the terms and conditions of employment between BIS Industries and its employees covered by the agreement.

Bis Industries Ltd T/A Bis Industries

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established