Barro Group Pty Ltd Summary

[2022] FWCA 813

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Barro Group Pty Ltd

(AG2022/162)

Barro Group Pty Ltd Townsville area Concrete, Quarry AND Transport Enterprise Agreement 2021

Quarrying industry
COMMISSIONER SIMPSON	BRISBANE, 8 MARCH 2022

Application for approval of the Barro Group Pty Ltd Townsville area Concrete, Quarry and Transport Enterprise Agreement 2021

An application has been made for approval of an enterprise agreement known as the Barro Group Pty Ltd Townsville area Concrete, Quarry and Transport Enterprise Agreement 2021 (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.

The Applicant has provided written undertakings. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

Noting clause 1(d)(ii) of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent decision of Barro Group Pty Ltd, the Fair Work Commission was tasked with determining whether to approve the Townsville area Concrete, Quarry and Transport Enterprise Agreement 2021. The applicant, Barro Group Pty Ltd, sought the approval of the agreement, which was intended to regulate the terms and conditions of employment for certain workers within its Townsville operations. The dispute centred around whether the agreement provided for fair and reasonable terms and conditions of employment, as required by the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement complied with the statutory requirements set out in the Fair Work Act. Specifically, the Commission had to consider whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it included provisions that were consistent with the objects of the Act. The Commission also needed to assess whether the agreement adequately protected the interests of employees and provided for appropriate mechanisms for the resolution of workplace disputes.

In delivering its decision, the Commission found that the agreement was consistent with the statutory requirements of the Fair Work Act. The Commission noted that the agreement provided for fair and reasonable terms and conditions of employment, including provisions for minimum rates of pay, leave entitlements, and other benefits. The Commission also found that the agreement included appropriate mechanisms for the resolution of workplace disputes, including provisions for conciliation and arbitration. The Commission was satisfied that the agreement provided adequate protection for the interests of employees and was in accordance with the objects of the Act.

As a result of its findings, the Commission approved the Townsville area Concrete, Quarry and Transport Enterprise Agreement 2021. The decision serves as a reminder of the importance of ensuring that enterprise agreements comply with the statutory requirements of the Fair Work Act, and that they provide for fair and reasonable terms and conditions of employment. It also highlights the role of the Fair Work Commission in assessing and approving enterprise agreements, and the importance of providing appropriate mechanisms for the resolution of workplace disputes.

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