DECISION

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

Barro Group Pty Ltd
(AG2017/5876)

BARRO GROUP CONCRETE BATCHING PLANT EMPLOYEES ENTERPRISE AGREEMENT 2017

Cement and concrete products
COMMISSIONER MCKINNON	MELBOURNE, 6 APRIL 2018

Application for approval of the Barro Group Concrete Batching Plant Employees Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Barro Group Concrete Batching Plant Employees Enterprise Agreement 2017 (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] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 April 2018. The nominal expiry date of the Agreement is 21 December 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Barro Group Pty Ltd applied for the approval of the Barro Group Concrete Batching Plant Employees Enterprise Agreement 2017. The applicants, being the employer, sought to finalise the terms and conditions of employment for the employees working at their concrete batching plant. The nature of the dispute involved the interpretation and compliance of the proposed agreement with the Fair Work Act 2009.

The primary legal issues before the court were whether the agreement provided for the employees’ terms and conditions in a fair and reasonable manner, and whether it complied with the procedural requirements set out in the Fair Work Act. The court needed to assess if the agreement met the standards of the modern awards and the provisions for employee representation. Additionally, the court considered whether the agreement had been genuinely negotiated between the parties and if the process followed was fair.

The court found that the application for approval was in accordance with the statutory requirements and that the agreement was fair and reasonable in all its terms. The court was satisfied that the agreement had been genuinely negotiated and that the process followed was procedurally fair. The terms of the agreement were considered to be no less favourable than the applicable modern award, and the court concluded that the agreement met the standards required by the Fair Work Act. Consequently, the application was approved, and the agreement was registered.

The final orders of the court included the approval and registration of the Barro Group Concrete Batching Plant Employees Enterprise Agreement 2017. The court mandated that the agreement be in effect for the specified period and that it governed the terms and conditions of employment for the relevant employees.

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