DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Barro Group Pty Ltd
(AG2015/2084)

BARRO GROUP TOWNSVILLE CONCRETE, QUARRY AND TRANSPORT ENTERPRISE AGREEMENT 2015

Cement and concrete products
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 27 MARCH 2015

Application for approval of the Barro Group Townsville Concrete, Quarry and Transport Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Barro Group Townsville Concrete, Quarry and Transport Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s185 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 Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Agreement is approved and, in accordance with s54 of the Act, will operate from 3 April 2015. The nominal expiry date of the Agreement is 3 April 2018.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Barro Group Pty Ltd, which sought approval for the Barro Group Townsville Concrete, Quarry and Transport Enterprise Agreement 2015. The application was heard in the Fair Work Commission, where the central dispute centred on whether the proposed agreement met the legal requirements for approval under the Fair Work Act 2009. The matter required the Commission to examine whether the agreement provided for fair and reasonable terms and conditions of employment.

The primary legal issues revolved around the compliance of the proposed agreement with the statutory criteria set out in the Fair Work Act. Specifically, the Commission had to determine if the agreement provided for terms and conditions that were fair and reasonable, taking into account the general principles of industrial law, such as the need for adequate safeguards for employees. The Commission also had to consider whether the agreement was genuinely negotiated and if it included appropriate mechanisms for dispute resolution.

In its reasoning, the Commission found that the proposed agreement met the statutory requirements for approval. The Commission noted that the agreement contained terms and conditions that were fair and reasonable, considering the general principles of industrial law and the specific context of the industry. The Commission also confirmed that the agreement was genuinely negotiated and included provisions for dispute resolution that were consistent with industry practices. Therefore, the Commission approved the agreement, finding it met the necessary criteria under the Fair Work Act.

The final orders of the Commission were that the Barro Group Townsville Concrete, Quarry and Transport Enterprise Agreement 2015 be approved as a registered agreement under the Fair Work Act. This decision allowed the agreement to take effect and govern the employment terms and conditions 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