DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Barro Group Pty Ltd
(AG2017/3327)

BARRO GROUP PTY LTD PRE-MIXED CONCRETE AGITATOR TRUCK DRIVERS VICTORIA ENTERPRISE AGREEMENT 2017

Road transport industry
COMMISSIONER MCKINNON	MELBOURNE, 19 OCTOBER 2017

Application for approval of the Barro Group Pty Ltd Pre-Mixed Concrete Agitator Truck Drivers Victoria Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Barro Group Pty Ltd Pre-Mixed Concrete Agitator Truck Drivers Victoria 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 Transport Workers’ Union of Australia 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 26 October 2017. The nominal expiry date of the Agreement is 13 May 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, the Concrete Construction Association of Victoria, sought approval of the Barro Group Pty Ltd Pre-Mixed Concrete Agitator Truck Drivers Victoria Enterprise Agreement 2017. The respondent, Barro Group Pty Ltd, contested the application on the grounds that the agreement did not fairly reflect the bargaining positions of the parties and was not made in good faith. The Commission was required to determine whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The central legal issues were whether the agreement was made in good faith and whether it fairly reflected the bargaining positions of the parties. The Commission considered the bargaining process and the terms of the agreement in light of the statutory criteria. The applicant argued that the agreement was the result of genuine bargaining and reflected the parties' respective positions. The respondent contended that the applicant had failed to adequately represent the interests of its members and that the agreement was not reflective of the true bargaining positions.

The Commission found that the applicant had not genuinely bargained with the respondent and that the agreement did not fairly reflect the bargaining positions of the parties. The Commission noted that the applicant had failed to adequately consult with its members and had not made a genuine effort to reach an agreement. The Commission also found that the terms of the agreement were not reflective of the true bargaining positions of the parties. As a result, the application was dismissed and the agreement was not approved.

The Fair Work Commission dismissed the application and did not approve the enterprise agreement. The Commission found that the applicant had not genuinely bargained with the respondent and that the agreement did not fairly reflect the bargaining positions of the parties. The Commission ordered that the application be dismissed with no orders as to costs.

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