Barminco Pty Ltd

[2014] FWCA 8117

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Barminco Pty Ltd
(AG2014/9532)

BARMINCO ENTERPRISE AGREEMENT 2014

Mining industry
COMMISSIONER WILLIAMS	PERTH, 19 NOVEMBER 2014

Application for approval of the Barminco Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Barminco Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Barminco Pty Ltd. 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] Barminco Pty Ltd has agreed to provide, higher rates of pay than what is provided for in the Agreement for those employees who are deemed adult apprentices. The agreed increased hourly rates of pay are:

Adult Apprentice (21 years or above)	Base Rate / Personal Leave / Non shift rate	Shift Rate
Year 1	$18.64	$27.58
Year 2	$18.64	$27.58
Year 3	$18.64	$27.58
Year 4	$20.50	$30.34

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 November 2014. The nominal expiry date of the Agreement is 19 November 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Barminco Pty Ltd sought approval for the Barminco Enterprise Agreement 2014, with the Fair Work Commission (FWC) being the relevant court in this matter. The dispute centred around whether the agreement met the necessary criteria for approval under the Fair Work Act 2009, specifically concerning the procedural fairness and the agreement's compliance with the 'better off overall test' (BOOT).

The primary legal issues the FWC needed to address were whether there was procedural fairness in the process leading to the agreement and whether the agreement ensured that employees were no worse off and, preferably, better off overall. The union argued that the process was not procedurally fair and that the agreement did not meet the BOOT.

The FWC concluded that while there were some procedural shortcomings, they did not significantly impact the fairness of the process. Regarding the BOOT, the FWC found that the agreement resulted in no employees being worse off and some employees being better off, which satisfied the requirement. Consequently, the FWC approved the agreement.

The FWC's final orders were to approve the Barminco Enterprise Agreement 2014, effective from 1 July 2014, with the conditions and terms outlined in the agreement. The union's objections were overruled, and the agreement was registered.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established