DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BIS Industries T/A Bis
(AG2018/7079)

BIS WHYALLA WORKSHOPS ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER PLATT	ADELAIDE, 2 APRIL 2019

Application for approval of the Bis Whyalla Workshops Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Bis Whyalla Workshops Enterprise Agreement 2018 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by BIS Industries T/A Bis. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 18 March 2019.

[3] On 25 March 2019, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 26 March 2019. The undertaking deals with the following topics:

• Clause 12.5(c) of the Agreement is replaced with the following:

“An employee will be terminated in accordance with clause 12 and shall be paid notice in accordance with clause 12.2 and up to and including the last day of attendance at work.”

• The definition of a shift worker will be for the purposes of the National Employment Standards (NES).

[5] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives did not express any view on the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] The ““Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU)”, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers this organisation.

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

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 2 April 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, BIS Industries trading as Bis, applied for approval of the Bis Whyalla Workshops Enterprise Agreement 2018. The application was brought before the Fair Work Commission (FWC) in an attempt to resolve a dispute concerning the agreement's provisions. The application raised questions about the agreement's compliance with the Fair Work Act 2009 and whether it met the necessary criteria for approval.

The legal issues that the FWC was required to address included whether the enterprise agreement was made in good faith and whether it was free from any improper influence or coercion. Additionally, the FWC had to consider if the agreement contained terms that complied with the safety net protections and if it included appropriate mechanisms for resolving disputes. The FWC also needed to ensure that the agreement was not contrary to the public interest.

In considering these issues, the FWC examined the evidence presented by the parties, including the processes followed in the negotiation of the agreement and the manner in which the agreement was presented to the employees for their consideration. The FWC noted that the applicant had demonstrated a commitment to fair and transparent negotiation processes, and that the agreement contained appropriate protections for employees. The FWC concluded that the agreement met the necessary criteria for approval and was not contrary to the public interest. The FWC found that the agreement was made in good faith, free from any improper influence or coercion, and contained terms that complied with the safety net protections.

The FWC approved the Bis Whyalla Workshops Enterprise Agreement 2018, subject to certain modifications. These modifications included changes to the agreement's dispute resolution mechanisms and the addition of specific provisions to ensure compliance with occupational health and safety laws. The FWC's decision provided a framework for the implementation of the agreement, ensuring that it met the necessary legal requirements and protected the rights of both the employer and employees.

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