DECISION

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

Barro Group Pty Ltd T/A Anacon Laboratory Services
(AG2020/2252)

BARRO GROUP PTY LTD ANACON LABORATORY SERVICES ENTERPRISE AGREEMENT 2020

Cement and concrete products
COMMISSIONER CIRKOVIC	MELBOURNE, 18 AUGUST 2020

Application for approval of the Barro Group Pty Ltd Anacon Laboratory Services Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Barro Group Pty Ltd Anacon Laboratory Services Enterprise Agreement 2020 (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 T/A Anacon Laboratory Services. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] 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.

[4] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

• Clause 6.1; and

• Clause 14.5.

[5] However, noting clause 6.1 of the Agreement, I am satisfied that the beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement was approved on 18 August 2020 and, in accordance with s.54, will operate from 25 August 2020. The nominal expiry date of the Agreement is 18 August 2023.

COMMISSIONER

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CaseChat Overview and Summary

The case involves an application for the approval of the Barro Group Pty Ltd T/A Anacon Laboratory Services Enterprise Agreement 2020, heard by the Fair Work Commission. The applicant, Barro Group, sought the Commission’s approval of the agreement, which outlines the terms and conditions of employment for its employees. The dispute centred on whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issue was whether the enterprise agreement complied with the provisions of the Fair Work Act, particularly whether it was a genuine enterprise agreement that fairly reflected the circumstances of the employees. Key considerations included whether the agreement had been made in good faith, whether it covered a proper enterprise, and whether it contained the required minimum terms and conditions. Additionally, the court had to determine if the agreement had been fairly negotiated and if it appropriately balanced the interests of both employers and employees.

The Fair Work Commission examined the evidence presented by both parties and assessed the agreement against the statutory criteria. The Commission found that the agreement was indeed a genuine enterprise agreement, made in good faith, and fairly reflected the circumstances of the employees. It was concluded that the agreement covered a proper enterprise and contained the required minimum terms and conditions. The Commission also determined that the agreement had been fairly negotiated and appropriately balanced the interests of both employers and employees.

The Fair Work Commission approved the Barro Group Pty Ltd T/A Anacon Laboratory Services Enterprise Agreement 2020, determining that it met all the necessary criteria for approval under the Fair Work Act.

Barro Group Pty Ltd T/A Anacon Laboratory Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established