DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Barro Group Pty Ltd
(AG2017/1830)

BARRO GROUP PTY LTD ANACON LABORATORY SERVICES ENTERPRISE AGREEMENT 2016

Cement and concrete products
COMMISSIONER GREGORY	MELBOURNE, 7 JUNE 2017

Application for approval of the Barro Group Pty Ltd Anacon Laboratory Services Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Barro Group Pty Ltd Anacon Laboratory Services Enterprise Agreement 2016 (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 14 June 2017. The nominal expiry date of the Agreement is 14 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved an application for the approval of the Barro Group Pty Ltd Anacon Laboratory Services Enterprise Agreement 2016. The applicant, Barro Group Pty Ltd, sought approval for the agreement under the Fair Work Act 2009. The dispute arose from negotiations between the applicant and its employees, represented by the Health Services Union of Australia. The matter was heard in the Fair Work Commission.

The central legal issue before the Commission was whether the proposed agreement met the requirements for registration under section 231 of the Fair Work Act 2009. Specifically, the Commission had to consider if the agreement provided for fair and reasonable terms and conditions of employment, and if it was consistent with the provisions of the Act. The Commission also needed to ensure that the agreement had been negotiated in good faith and was not likely to undermine the operation of the safety net of minimum wages and conditions.

The Fair Work Commission examined the provisions of the agreement and the context in which it was negotiated. The Commission determined that the agreement was fair and reasonable, and it provided for terms and conditions that were consistent with the Act. The Commission also found that the agreement had been negotiated in good faith and did not undermine the safety net of minimum wages and conditions. Consequently, the Commission approved the agreement under section 231 of the Fair Work Act 2009.

The Fair Work Commission approved the Barro Group Pty Ltd Anacon Laboratory Services Enterprise Agreement 2016, finding it to be fair, reasonable, and negotiated in good faith. The agreement was registered under section 231 of the Fair Work Act 2009, effective from the date of the Commission's decision.

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