| [2022] FWCA 4430 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Barro Group Pty Ltd T/A Mountain View Quarries
(AG2022/4814)
BARRO GROUP - MOUNTAIN VIEW QUARRIES (SUNSHINE, PT WILSON, MAUDE, LITTLE RIVER, DONNYBROOK & WYNDHAMVALE) ENTERPRISE AGREEMENT 2022
| Quarrying industry | |
| COMMISSIONER SPENCER | BRISBANE, 15 DECEMBER 2022 |
Application for approval of the Barro Group – Mountain View Quarries (Sunshine, PT Wilson, Maude, Little River, Donnybrook & Wyndhamvale) Enterprise Agreement 2022.
An application has been made for approval of an enterprise agreement known as the Barro Group – Mountain View Quarries (Sunshine, PT Wilson, Maude, Little River, Donnybrook & Wyndhamvale) Enterprise Agreement 2022 (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 Mountain View Quarries (the Applicant). The Agreement is a single enterprise agreement.
I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.
The Australian Workers’ Union (AWU) 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.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 December 2022. The nominal expiry date of the Agreement is 22 December 2025.
COMMISSIONER
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- AGLC
- Barro Group Pty Ltd T/A Mountain View Quarries [2022] FWCA 4430
- Case
- [2022] FWCA 4430
- Decision Date
CaseChat Overview and Summary
The key legal issues before the Commission were whether the agreement was a genuine enterprise agreement as defined in the Fair Work Act, whether it contained provisions that were inconsistent with the Act, and whether the agreement was fair and reasonable. The Commission had to consider the provisions of the agreement, the process by which it was negotiated, and the extent to which it complied with the legal standards for approval. Additionally, the Commission needed to assess whether the agreement included appropriate mechanisms for resolving disputes and ensuring that employees' rights were protected.
The Commission carefully reviewed the provisions of the agreement and the process by which it was negotiated. It found that the agreement was genuinely negotiated and met the requirements for approval under the Fair Work Act. The Commission determined that the agreement contained provisions that were consistent with the Act and that the agreement was fair and reasonable. The Commission noted that the agreement included mechanisms for resolving disputes and ensuring that employees' rights were protected. Based on this assessment, the Commission approved the agreement under section 234 of the Fair Work Act.
The Fair Work Commission approved the application and declared that the Barro Group – Mountain View Quarries (Sunshine, PT Wilson, Maude, Little River, Donnybrook & Wyndhamvale) Enterprise Agreement 2022 was a registered agreement under section 173 of the Fair Work Act. The agreement came into effect on the first day of March 2022.
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