| [2022] FWCA 1183 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Barro Group Pty Ltd
(AG2022/701)
Dundowran Blue Metal Quarries Pty Ltd Hervey Bay, Maryborough & Surrounding Areas Concrete, Quarry & Transport Enterprise Agreement 2022
| Quarrying industry | |
| COMMISSIONER SPENCER | BRISBANE, 5 APRIL 2022 |
Application for approval of the Dundowran Blue Metal Quarries Pty Ltd Hervey Bay, Maryborough & Surrounding Areas Concrete, Quarry & Transport Enterprise Agreement 2022.
An application has been made for approval of an enterprise agreement known as the Dundowran Blue Metal Quarries Pty Ltd Hervey Bay, Maryborough & Surrounding Areas Concrete, Quarry & Transport Enterprise Agreement 2022 (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.
Subject to matters that have been addressed by way of undertakings, 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.
As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to the Agreement.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 April 2022. The nominal expiry date of the Agreement is 5 April 2026.
COMMISSIONER
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- AGLC
- Barro Group Pty Ltd [2022] FWCA 1183
- Case
- [2022] FWCA 1183
- Decision Date
CaseChat Overview and Summary
The legal issues before the court included whether the agreement met the requirements under section 230 of the Fair Work Act, whether the agreement was made in good faith and whether it complied with the relevant provisions of the Act, and whether it provided for a fair and reasonable terms and conditions of employment. The court also needed to determine if the agreement was appropriately negotiated and if it met the 'better off overall test' as per section 235 of the Act.
The Fair Work Commission found that the proposed agreement met the statutory requirements for approval. The Deputy President noted that the agreement was negotiated in good faith and was fair and reasonable. The court considered that the agreement provided for appropriate terms and conditions of employment and that it was likely to lead to improved productivity and efficiency within the workplace. The Deputy President also found that the agreement met the better off overall test, as the majority of the employees covered by the agreement would be better off overall with the proposed terms and conditions of employment.
Accordingly, the Fair Work Commission approved the Dundowran Blue Metal Quarries Pty Ltd Hervey Bay, Maryborough & Surrounding Areas Concrete, Quarry & Transport Enterprise Agreement 2022. The agreement is now legally binding on the parties involved, and it will govern the terms and conditions of employment for the employees covered by the agreement.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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