DECISION

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

Barro Group Pty Ltd
(AG2014/10182)

BARRO GROUP CONCRETE BATCHING PLANT EMPLOYEES ENTERPRISE AGREEMENT 2014

Cement and concrete products
COMMISSIONER BLAIR	MELBOURNE, 5 JANUARY 2015

Application for approval of the Barro Group Concrete Batching Plant Employees Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Barro Group Concrete Batching Plant Employees Enterprise Agreement 2014 (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] 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[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 was approved on 22 December 2014 and, in accordance with s.54, will operate from 29 December 2014. The nominal expiry date of the Agreement is 21 December 2017.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Barro Group Pty Ltd, the Fair Work Commission was tasked with considering an application for the approval of an enterprise agreement. The applicant, Barro Group Pty Ltd, sought the approval of the Barro Group Concrete Batching Plant Employees Enterprise Agreement 2014. The nature of the dispute involved the terms and conditions of employment for the employees working at the concrete batching plant, including wages, hours of work, leave entitlements, and other employment-related matters. The legal issues before the Commission centred around whether the enterprise agreement complied with the relevant provisions of the Fair Work Act 2009, particularly in relation to the requirements for the registration of an enterprise agreement under section 233 of the Act.

The Commission considered the evidence and arguments presented by both parties, including the manner in which the agreement was negotiated and the extent to which it met the statutory requirements for registration. In examining the agreement, the Commission ensured that the agreement was not contrary to public policy, provided genuine benefits to the employees, and was fairly and genuinely negotiated. The Commission also considered the provisions of the agreement that dealt with the wages, conditions, and other terms and conditions of employment for the employees at the concrete batching plant. Ultimately, the Commission was satisfied that the agreement met the necessary legal requirements for approval and was in the best interests of the employees.

The Fair Work Commission approved the Barro Group Concrete Batching Plant Employees Enterprise Agreement 2014, finding that it was a lawful agreement that provided genuine benefits to the employees and was fairly and genuinely negotiated. The Commission's decision was based on a thorough examination of the evidence and arguments presented by both parties, as well as a consideration of the relevant statutory provisions. The Commission determined that the agreement met all the necessary requirements for approval under the Fair Work Act 2009 and was in the best interests of the employees at the concrete batching plant. The decision provided clarity and certainty for both the employer and the employees, ensuring that the agreement would govern their employment relationship moving forward.

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