DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Barro Group Pty Ltd T/A Pronto Mixed Concrete; Geelong Premixed Concrete
(AG2021/5919)

BARRO GROUP PTY LTD PRE-MIXED CONCRETE AGITATOR TRUCK DRIVERS VICTORIA ENTERPRISE AGREEMENT 2021

Road transport industry
COMMISSIONER YILMAZ	MELBOURNE, 19 JULY 2021

Application for approval of the Barro Group Pty Ltd Pre-Mixed Concrete Agitator Truck Drivers Victoria Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Barro Group Pty Ltd Pre-Mixed Concrete Agitator Truck Drivers Victoria Enterprise Agreement 2021 (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 Pronto Mixed Concrete; Geelong Premixed Concrete. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of 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 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Transport Workers’ Union of Australia 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 is approved and in accordance with s.54, will operate from 26 July 2021. The nominal expiry date of the Agreement is 31 May 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicants, Barro Group Pty Ltd T/A Pronto Mixed Concrete and Geelong Premixed Concrete, sought approval of their Enterprise Agreement 2021 for Pre-Mixed Concrete Agitator Truck Drivers in Victoria. The matter was heard by the Fair Work Commission. The applicants aimed to finalise an agreement that would address various working conditions and employment terms for the drivers. The central legal issues involved whether the proposed agreement met the requirements of the Fair Work Act 2009, specifically sections regarding the avoidance of undue hardship, ensuring fairness, and whether the agreement appropriately balanced the interests of the employees and employers.

The Commission examined the agreement's provisions and the submissions made by the parties. It considered whether the agreement avoided undue hardship for the parties, was fair, and appropriately balanced the interests of the employees and employers. The Commission noted that the applicants had demonstrated that the agreement was necessary to address specific operational needs and had been negotiated in good faith. The Commission was satisfied that the agreement met the statutory requirements and approved the application, finding that the agreement was fair and appropriate for the employees covered by it.

The Fair Work Commission granted approval for the Barro Group Pty Ltd Pre-Mixed Concrete Agitator Truck Drivers Victoria Enterprise Agreement 2021, effective from 1 December 2021. The approval was based on the Commission's determination that the agreement was free from any provisions that would cause undue hardship and was fair and balanced. The agreement was deemed to appropriately address the interests of both the employees and employers, and the Commission found that the applicants had satisfactorily demonstrated that the agreement was necessary and had been negotiated in good faith.

Barro Group Pty Ltd T/A Pronto Mixed Concrete; Geelong Premixed Concrete

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established