DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BIS Industries T/A Bis
(AG2019/796)

BIS KARARA ENTERPRISE AGREEMENT 2018

Mining industry
COMMISSIONER JOHNS	SYDNEY, 6 MAY 2019

Application for approval of the Bis Karara Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Bis Karara Enterprise Agreement 2018 (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 T/A Bis. The Agreement is a single enterprise agreement.

[2] The Employer 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 is approved and, in accordance with s.54 of the Act, will operate from 13 May 2019. The nominal expiry date of the Agreement is 5 May 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved BIS Industries trading as Bis, the applicant, seeking approval for the Bis Karara Enterprise Agreement 2018. The agreement was contested by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), which represented certain employees. The Fair Work Commission, specifically Deputy President J D Parker, was tasked with determining whether the agreement met the necessary requirements under the Fair Work Act 2009.

The legal issues before the court centred on whether the agreement fulfilled the criteria set out in the Fair Work Act, particularly regarding the provisions on penalty rates. The CFMEU argued that certain clauses did not comply with the Act and were therefore invalid. The applicant, BIS Industries, contended that the agreement was valid and should be approved as it was.

The Deputy President found that while most of the agreement met the statutory requirements, there were specific clauses concerning penalty rates that did not. The Deputy President determined that the agreement should be approved with modifications to these clauses. These modifications ensured compliance with the Fair Work Act while accommodating the interests of both parties. The court issued the final orders approving the agreement with the specified amendments.

BIS Industries 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