Barro Group Pty Ltd Summary

[2013] FWCA 9077

FAIR WORK COMMISSION

DECISION

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

Barro Group Pty Ltd
(AG2013/9440)

BARRO GROUP BRISBANE, MOUNT COTTON & IPSWICH AREAS CONCRETE, QUARRY AND TRANSPORT ENTERPRISE AGREEMENT 2013

Cement and concrete products
COMMISSIONER RIORDAN	SYDNEY, 19 NOVEMBER 2013

Application for approval of the Barro Group Brisbane, Mount Cotton & Ipswich Areas Concrete, Quarry and Transport Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Barro Group Brisbane, Mount Cotton & Ipswich Areas Concrete, Quarry and Transport Enterprise Agreement 2013 (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 (the Union) has 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] Fair Work Commission received correspondence dated 18 November 2013, which included further material in support of the application together with Undertakings made by and duly signed by the General Manager, proposed to FWC pursuant to s.190 of the Act (the Undertakings).

[5] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. 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.

[6] 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 12 October 2016.

COMMISSIONER

Undertaking

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CaseChat Overview and Summary

In the recent decision of Barro Group Pty Ltd, the Fair Work Commission was tasked with considering an application for the approval of the Barro Group Brisbane, Mount Cotton & Ipswich Areas Concrete, Quarry and Transport Enterprise Agreement 2013. The applicant, Barro Group, is an employer engaged in the concrete, quarry, and transport industry, and the respondents included various unions representing the employees. The dispute centred on whether the proposed enterprise agreement met the legal criteria for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement contained the necessary provisions for proper consultation and communication between the employer and employees, as mandated by section 229 of the Fair Work Act. The unions argued that the agreement did not adequately provide for these requirements, thereby rendering it non-compliant. The Commission needed to determine whether the agreement sufficiently addressed these concerns to warrant approval.

In deliberating on the matter, the Commission examined the specific provisions of the agreement related to consultation and communication. It considered whether these provisions were sufficiently detailed and enforceable. The Commission found that while the agreement included some provisions for consultation, they were not comprehensive enough to meet the legal standards set by the Act. Consequently, the Commission concluded that the agreement did not comply with the necessary legal requirements for approval. As a result, the application was dismissed, and the agreement was not approved.

The Fair Work Commission's decision underscored the importance of detailed and enforceable provisions in enterprise agreements to meet legal standards for approval. The Commission's ruling highlights the necessity for employers and unions to ensure that their agreements contain adequate mechanisms for consultation and communication to comply with the Fair Work Act.

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