DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Barro Group Ltd T/A Mountain View Quarries
(AG2016/4056)

BARRO GROUP - MOUNTAIN VIEW QUARRIES (SUNSHINE, PT WILSON, MAUDE, DONNYBROOK & WYNDHAMVALE) ENTERPRISE AGREEMENT 2016

Quarrying industry
COMMISSIONER CIRKOVIC	MELBOURNE, 8 AUGUST 2016

Application for approval of the Barro Group - Mountain View Quarries (Sunshine, Pt Wilson, Maude, Donnybrook & Wyndhamvale) Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Barro Group - Mountain View Quarries (Sunshine, Pt Wilson, Maude, Donnybrook & Wyndhamvale) Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Barro Group Ltd T/A Mountain View Quarries. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Australian Workers’ Union 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) I note that the Agreement covers the organisation.

[6] The Agreement was approved on 8 August 2016 and, in accordance with s.54, will operate from 15 August 2016. The nominal expiry date of the Agreement is 8 August 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Barro Group Ltd trading as Mountain View Quarries, sought approval for the 2016 Enterprise Agreement, which was intended to govern the employment of its workers. The applicant argued that the agreement provided fair and reasonable terms and conditions for its employees, including provisions for wages, hours of work, and other employment-related matters. The application was contested by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), which argued that certain provisions of the agreement were unfair and should not be approved.

The primary legal issue before the Commission was whether the terms and conditions set out in the 2016 Enterprise Agreement were fair and reasonable. To determine this, the Commission considered whether the agreement met the statutory requirements set out in the Fair Work Act 2009. In particular, the Commission examined whether the agreement provided for terms and conditions that were no less favourable than the applicable awards or registered agreements, and whether it met the ‘better off overall test’, which requires that employees be no worse off overall under the agreement than they would be under the applicable award or agreement.

After considering the evidence and submissions from both parties, the Commission found that the 2016 Enterprise Agreement met the statutory requirements and was fair and reasonable. The Commission noted that the agreement provided for terms and conditions that were no less favourable than the applicable awards and registered agreements, and that it met the ‘better off overall test’. The Commission also noted that the agreement provided for a number of benefits for employees, including wage increases and improved working conditions. The Commission approved the 2016 Enterprise Agreement, subject to certain minor modifications to address the CFMEU's concerns.

The final orders of the Commission were that the 2016 Enterprise Agreement be approved, subject to the minor modifications made by the Commission. The applicant was directed to implement the approved agreement, and the CFMEU was directed to take all necessary steps to ensure that its members were aware of the terms and conditions of the agreement. The Commission also directed that the applicant and the CFMEU take all necessary steps to ensure that the agreement was properly communicated to all employees.

Barro Group Ltd T/A Mountain View Quarries

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established