DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ainsbury Holdings Pty Ltd T/A Barclay Engineering
(AG2021/14)

BARCLAY ENGINEERING ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER WILLIAMS	PERTH, 26 FEBRUARY 2021

Application for approval of the Barclay Engineering Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Barclay Engineering Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ainsbury Holdings Pty Ltd T/A Barclay Engineering. 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 5 March 2021. The nominal expiry date of the Agreement is 25 February 2025.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves Ainsbury Holdings Pty Ltd, trading as Barclay Engineering, which sought approval of the Barclay Engineering Enterprise Agreement 2020 from the Fair Work Commission. The nature of the dispute was primarily about the terms and conditions outlined in the proposed agreement and whether they complied with the relevant industrial and employment laws. The Fair Work Commission was tasked with determining whether the agreement met the necessary legal standards and whether it was fair and reasonable for the employees involved.

The legal issues before the Commission included whether the agreement was genuinely negotiated between the parties, whether it provided for a fair and reasonable outcome for the employees, and whether it complied with the provisions of the Fair Work Act 2009. Another key issue was whether the agreement appropriately balanced the rights and interests of both the employer and the employees.

The Commission examined the evidence presented by both parties and assessed the fairness and reasonableness of the agreement's terms. It found that the agreement was genuinely negotiated and provided fair and reasonable outcomes for the employees. The Commission concluded that the agreement complied with the statutory requirements and was in line with the principles of the Fair Work Act. Consequently, the Commission approved the Barclay Engineering Enterprise Agreement 2020, recognising it as a valid and enforceable agreement between the employer and the employees.

The final orders of the Commission mandated that the agreement be registered with the Fair Work Commission and that it be implemented by Ainsbury Holdings Pty Ltd and the relevant employees. The approval was contingent upon the agreement being maintained in accordance with the Fair Work Act and the terms of the agreement itself.

Ainsbury Holdings Pty Ltd T/A Barclay Engineering

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established