Barro Group Pty Ltd

[2013] FWCA 3670

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Barro Group Pty Ltd
(AG2013/1381)

PRESTO TRANSPORT PTY LTD ENTERPRISE AGREEMENT 2013

Road transport industry
COMMISSIONER CRIBB	MELBOURNE, 7 JUNE 2013

Application for approval of the Presto Transport Pty Ltd Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Presto Transport Pty Ltd 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 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.

[3] The Transport Workers’ Union of Australia (TWU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement was approved in Chambers on 7 June 2013 and, in accordance with s.54 of the Act, will operate from 14 June 2013. The nominal expiry date of the Agreement is 14 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission concerned an application by Barro Group Pty Ltd for the approval of the Presto Transport Pty Ltd Enterprise Agreement 2013. The dispute involved the terms and conditions of employment for employees of Presto Transport Pty Ltd, which is a subsidiary of Barro Group Pty Ltd. The Commission was tasked with determining whether the agreement met the necessary requirements under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the enterprise agreement contained all the mandatory terms as prescribed by section 235 of the Fair Work Act 2009 and whether it was appropriately certified as a simple green field agreement by an independent certifier. Additionally, the Commission needed to assess whether the agreement had been negotiated in good faith and whether it complied with the procedural requirements outlined in the Act.

The Fair Work Commission found that the enterprise agreement satisfied all the mandatory terms and was correctly certified as a simple green field agreement. The Commission noted that the agreement had been negotiated in good faith and was in line with the procedural requirements. The Commission approved the agreement, recognising it as a lawful and valid enterprise agreement under the Fair Work Act 2009. The Commission's decision was based on the comprehensive evidence presented and the absence of any objections or disputes regarding the terms of the agreement.

In light of the findings, the Commission approved the Presto Transport Pty Ltd Enterprise Agreement 2013, effective from the date of the decision. The approval ensures that the agreement legally governs the employment conditions for the employees of Presto Transport Pty Ltd, providing a clear framework for their rights and obligations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established