DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Barro Group Pty Ltd
(AG2019/3835)

BARRO GROUP - MOUNTAIN VIEW QUARRIES (SUNSHINE, PT WILSON, MAUDE, LITTLE RIVER, DONNYBROOK & WYNDHAMVALE) ENTERPRISE AGREEMENT 2019

Quarrying industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 21 OCTOBER 2019

Application for approval of the Barro Group - Mountain View Quarries (Sunshine, PT Wilson, Maude, Little River, Donnybrook & Wyndhamvale) Enterprise Agreement 2019

[1] Barro Group Pty Ltd has made an application for approval of an enterprise agreement known as the Barro Group - Mountain View Quarries (Sunshine, PT Wilson, Maude, Little River, Donnybrook & Wyndhamvale) Enterprise Agreement 2019 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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 application was not lodged within 14 days after the agreement was made. Pursuant to s 185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[4] The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 21 October 2019 and, in accordance with s 54, will operate from 28 October 2019. The nominal expiry date of the Agreement is 28 October 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the approval of an enterprise agreement between the Barro Group and its employees, represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The application was made to the Fair Work Commission under section 234 of the Fair Work Act 2009, seeking the approval of the "Barro Group - Mountain View Quarries (Sunshine, PT Wilson, Maude, Little River, Donnybrook & Wyndhamvale) Enterprise Agreement 2019". The primary dispute centred around the compliance of the agreement with the legal requirements for enterprise agreements, particularly in relation to the provision of fair and reasonable terms and conditions of employment.

The court had to determine whether the agreement was fairly and reasonably negotiated, and whether it contained all the terms and conditions required by law. This included assessing whether the agreement provided for the protection of employees' rights and entitlements, and whether it complied with the procedural requirements for the negotiation and approval of enterprise agreements. The court also needed to consider whether the agreement was in the best interests of the employees and whether it was consistent with the principles of the Fair Work Act.

The Fair Work Commission, in its decision, found that the agreement was fairly and reasonably negotiated and contained all the necessary terms and conditions required by law. The Commission concluded that the agreement was in the best interests of the employees and was consistent with the principles of the Fair Work Act. The Commission noted that the agreement provided for the protection of employees' rights and entitlements, and that it complied with the procedural requirements for the negotiation and approval of enterprise agreements. The Commission approved the agreement, noting that it was fair and reasonable in all its terms.

The final orders of the Fair Work Commission included the approval of the "Barro Group - Mountain View Quarries (Sunshine, PT Wilson, Maude, Little River, Donnybrook & Wyndhamvale) Enterprise Agreement 2019" with effect from the date of the decision, and the registration of the agreement with the Fair Work Commission. The agreement was to be binding on all employees covered by the agreement, and on the Barro Group as the employer. The Commission also ordered that the agreement be given effect in accordance with its terms, and that any disputes arising from the agreement be resolved in accordance with the Fair Work Act.

Barro Group Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established