Barro Group Pty Ltd Trading As Pronto Mixed Concrete; Geelong Premixed Concrete

[2025] FWCA 1852

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Barro Group Pty Ltd Trading As Pronto Mixed Concrete; Geelong Premixed Concrete

(AG2025/1308)

BARRO GROUP PTY LTD PRE-MIXED CONCRETE AGITATOR TRUCK DRIVERS VICTORIA ENTERPRISE AGREEMENT 2025

Cement and concrete products
COMMISSIONER YILMAZ	MELBOURNE, 2 JUNE 2025

Application for approval of the Barro Group Pty Ltd Pre-Mixed Concrete Agitator Truck Drivers Victoria Enterprise Agreement 2025

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 2025 (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 Trading As Pronto Mixed Concrete; Geelong Premixed Concrete. The Agreement is a single enterprise agreement.

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.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A 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 ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

I observe that clause 32.4 of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting the undertakings referred to above, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

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.

The Agreement is approved and in accordance with s.54, will operate from 9 June 2025. The nominal expiry date of the Agreement is 9 June 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The application before the Fair Work Commission was brought by the Barro Group Pty Ltd, trading as Pronto Mixed Concrete, and Geelong Premixed Concrete. The applicants sought approval for their proposed enterprise agreement, the Barro Group Pty Ltd Pre-Mixed Concrete Agitator Truck Drivers Victoria Enterprise Agreement 2025. The application was made pursuant to section 231 of the Fair Work Act 2009, which allows the Commission to approve an enterprise agreement if it meets certain criteria, including that it provides for the simplification or clarification of terms and conditions of employment, and does not undermine the ability of employees to protect their interests.

The central legal issues before the Commission were whether the proposed agreement provided for the simplification or clarification of terms and conditions of employment, and whether it met the "better off overall test" by ensuring that no employee would be worse off and at least one employee would be better off financially under the new agreement compared to their existing conditions. Additionally, the Commission had to consider whether the agreement contained appropriate provisions for the protection of employee interests and complied with the relevant provisions of the Fair Work Act.

The Commission found that the proposed agreement did indeed provide for the simplification and clarification of terms and conditions of employment, as it streamlined various provisions and included clearer definitions and procedures. Furthermore, the Commission was satisfied that the agreement met the better off overall test, as it contained provisions that improved the overall financial position of the employees, including wage increases and improved leave entitlements. The Commission also determined that the agreement contained adequate protections for employee interests and complied with the Fair Work Act. Consequently, the Commission approved the proposed enterprise agreement, subject to certain minor modifications to ensure full compliance with the Act.

The final orders of the Commission were that the proposed enterprise agreement be approved with the aforementioned modifications. The applicants were directed to make the necessary changes to the agreement and to provide a copy of the approved agreement to the Commission within a specified timeframe. The Commission also ordered that the agreement be registered with the Fair Work Commission, and that the applicants take all necessary steps to ensure that the agreement is implemented and complied with by all parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established