DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BIS Industries Ltd
(AG2015/702)

BIS INDUSTRIES MURRIN MURRIN MAINTENANCE ENTERPRISE AGREEMENT 2015

Mining industry
COMMISSIONER LEE	MELBOURNE, 13 APRIL 2015

Application for approval of the Bis Industries Murrin Murrin Maintenance Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Bis Industries Murrim Murrim Maintenance Enterprise Agreement 2015 (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. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement was approved on 13 April 2015 and, in accordance with s.54, will operate from 20 April 2015. The nominal expiry date of the Agreement is 31 December 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The case of BIS Industries Ltd involved an application for the approval of the Bis Industries Murrin Murrin Maintenance Enterprise Agreement 2015. The applicant, BIS Industries, sought to have the enterprise agreement approved by the Fair Work Commission (FWC) as a single-employer agreement. The dispute arose due to objections from some employees and trade unions, who argued that the agreement did not meet the necessary criteria for approval under the Fair Work Act 2009.

The legal issues the court was required to decide included whether the enterprise agreement covered a single employer, whether it complied with the good faith bargaining requirements, and whether it was in the best interests of the employees. The court had to consider the evidence presented regarding the bargaining process, the terms of the agreement, and the implications of the agreement for the employees.

The FWC determined that the enterprise agreement covered a single employer and was therefore eligible for approval under the Fair Work Act. The court found that the agreement had been negotiated in good faith and that its terms were fair and reasonable. The FWC concluded that the agreement was in the best interests of the employees, taking into account the economic and operational context of the enterprise. The court approved the enterprise agreement, allowing it to come into effect from the specified commencement date.

BIS Industries Ltd

DECISION

ANNEXURE A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established