Barro Group Pty Ltd Summary

[2014] FWCA 4969

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Barro Group Pty Ltd
(AG2014/6638)

BARRO GROUP PRE-MIXED CONCRETE AGITATOR TRUCK DRIVERS VICTORIA ENTERPRISE AGREEMENT 2014

Road transport industry
COMMISSIONER RIORDAN	SYDNEY, 24 JULY 2014

Application for approval of the Barro Group Pre-Mixed Concrete Agitator Truck Drivers Victoria Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known asthe Barro Group Pre-Mixed Concrete Agitator Truck Drivers Victoria 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 Barro Group Pty Ltd (the Applicant). 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 relevant to this application for approval have been met.

[3] The Transport Workers Union of Australia Victorian/Tasmanian Branch (the Union) have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 13 May 2017.

COMMISSIONER

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CaseChat Overview and Summary

The case involves the applicant, Barro Group Pty Ltd, seeking approval of an enterprise agreement for its pre-mixed concrete agitator truck drivers in Victoria. The Fair Work Commission, the tribunal responsible for the application, was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The dispute centred on whether the agreement complied with the procedural and substantive requirements set forth in the Act, particularly focusing on whether it was made in good faith and whether it met the standard of being "better off, overall and protected."

The primary legal issue before the Commission was whether the agreement had been genuinely negotiated between the parties and if it provided better terms and conditions for the employees compared to the applicable awards and regulations. Additionally, the Commission needed to assess whether the agreement adequately protected employees from adverse actions due to the negotiation or operation of the agreement. The applicant argued that the agreement was negotiated in good faith and provided better terms and conditions, while no objections were raised by the employees.

The Commission found that the agreement had been genuinely negotiated and met the procedural requirements. It determined that the agreement provided better terms and conditions for the employees than the applicable award and was thus in accordance with the statutory requirements. The Commission also concluded that the agreement effectively protected employees from adverse actions related to the negotiation or operation of the agreement. Based on these findings, the Commission approved the enterprise agreement. Consequently, the Fair Work Commission issued an order approving the Barro Group Pre-Mixed Concrete Agitator Truck Drivers Victoria Enterprise Agreement 2014.

Barro Group Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established