Barbeques Galore Pty Limited Summary

[2023] FWCA 2279

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Barbeques Galore Pty Limited

(AG2023/1953)

BARBEQUES GALORE ENTERPRISE AGREEMENT 2023

Retail industry
COMMISSIONER MCKINNON	SYDNEY, 31 JULY 2023

Application for approval of the Barbeques Galore Enterprise Agreement 2023

Barbeques Galore Pty Limited has applied to vary clause 8.2 of the Barbeques Galore Enterprise Agreement 2023[1] (the Agreement) to correct an obvious error in relation to the explanation of wage increases over the life of the Agreement. The proposed variation will ensure that the explanation is consistent with the rates of pay specified in clause 8.1 of the Agreement. The Shop, Distributive and Allied Employees Association is covered by the Agreement and supports the variation application. The proposed variation is attached at Annexure A.

I am satisfied that clause 8.2 of the Agreement is affected by an obvious error. The error is found in the stated percentages by which Agreement rates of pay will increase. The stated percentages are inconsistent with the agreed rates of pay in clause 8.1 of the Agreement. The proposed variation will correct this obvious error by ensuring that clauses 8.1 and 8.2 are numerically consistent.

On an independent analysis of the Agreement’s rates of pay and the views expressed by the Applicant and relevant union, I am satisfied that the proposed variation reflects the agreement reached between the employer and employees. The variation is necessary to provide certainty to the parties and other interested stakeholders about the applicable minimum rates of pay in the Agreement. In the circumstances, it is appropriate to vary the Agreement to correct the errors under section 218A of the Fair Work Act 2009.

The variation is approved. A consolidated version of the Agreement as varied is attached to this decision.

The variation operates from 27 July 2023.

COMMISSIONER

Annexure A

[1] AE520829; [2023] FWCA 2247.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Barbeques Galore Pty Limited recently appeared before the Fair Work Commission, where it sought approval for the Barbeques Galore Enterprise Agreement 2023. The application was brought by the employer, Barbeques Galore, and involved various employee representatives who had been engaged in negotiations over the proposed agreement. The dispute centred on the terms and conditions of the agreement, including issues related to wages, working hours, and other employment standards.

The legal issues the court was required to decide included whether the agreement met the criteria for being "bargained for" as per the Fair Work Act 2009. This required an assessment of the negotiation process and whether it was genuine. Furthermore, the court needed to determine if the agreement complied with the "better off overall test," which mandates that employees should not be worse off under the new agreement compared to the previous one. The court also had to consider the procedural fairness of the agreement and whether it adhered to the principles of good faith bargaining.

In reaching its decision, the Fair Work Commission considered the evidence presented regarding the negotiation process and the terms of the agreement. The court concluded that the agreement had been genuinely bargained for and met the better off overall test, as it improved various terms and conditions for the employees. The Commission found that the employer had acted in good faith throughout the negotiations, and the agreement was fair and reasonable. Consequently, the Commission approved the Barbeques Galore Enterprise Agreement 2023, and it will now be binding on the parties.

Barbeques Galore Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established