DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Barro Group Pty Ltd T/A Mt Cotton Quarries, Mt Cotton Concrete, Pronto Concrete Ipswich
(AG2017/6564)

BARRO GROUP BRISBANE, MOUNT COTTON AND IPSWICH AREAS CONCRETE, QUARRY AND TRANSPORT ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 23 APRIL 2018

Application for approval of the Barro Group Brisbane, Mount Cotton and Ipswich Areas Concrete, Quarry and Transport Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Barro Group Brisbane, Mount Cotton and Ipswich Areas Concrete, Quarry and Transport Enterprise Agreement 2017 (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 Mt Cotton Quarries, Mt Cotton Concrete, Pronto Concrete Ipswich. 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 April 2018. The nominal expiry date of the Agreement is 29 April 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the matter of the application for approval of the Barro Group Brisbane, Mount Cotton and Ipswich Areas Concrete, Quarry and Transport Enterprise Agreement 2017 was heard. The applicant, Barro Group, sought the approval of the enterprise agreement from the Commission. The application was made by the employer in accordance with section 230 of the Fair Work Act 2009. The Fair Work Commission was tasked with deciding whether the agreement met the requirements of the Fair Work Act and whether it should be approved.

The primary legal issue before the Commission was whether the proposed enterprise agreement complied with the procedural and substantive requirements of the Fair Work Act. This included assessing whether the agreement had been made in good faith, whether it contained the minimum terms and conditions as prescribed by the Act, and whether it had been appropriately negotiated and agreed upon by the relevant parties. Additionally, the Commission had to consider whether the agreement provided for appropriate mechanisms for dispute resolution and the protection of employees' rights.

The Commission examined the evidence presented by both the employer and the employees, including the negotiation process, the terms and conditions of the agreement, and the rights and protections afforded to the employees. The Commission found that the agreement had been made in good faith, contained the minimum terms and conditions as required by the Act, and had been appropriately negotiated and agreed upon by the relevant parties. The Commission was satisfied that the agreement provided for appropriate mechanisms for dispute resolution and the protection of employees' rights. As a result, the Commission approved the enterprise agreement in accordance with section 231 of the Fair Work Act.

The Fair Work Commission approved the Barro Group Brisbane, Mount Cotton and Ipswich Areas Concrete, Quarry and Transport Enterprise Agreement 2017, determining that it met the requirements of the Fair Work Act. The agreement was deemed to be fair and reasonable, providing appropriate protections and mechanisms for dispute resolution for the employees. The approval of the agreement was effective from the date of the Commission's decision.

Barro Group Pty Ltd T/A Mt Cotton Quarries, Mt Cotton Concrete, Pronto Concrete Ipswich

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established