Barro Group Pty Ltd Summary

[2023] FWCA 20

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Barro Group Pty Ltd

(AG2022/5261)

BARRO GROUP CONCRETE BATCHING PLANT EMPLOYEES ENTERPRISE AGREEMENT 2022

Cement and concrete products
COMMISSIONER WILSON	MELBOURNE, 4 JANUARY 2023

Application for approval of the Barro Group Concrete Batching Plant Employees Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Barro Group Concrete Batching Plant Employees 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. 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 and 190 as are relevant to this application for approval have been met.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 January 2023. The nominal expiry date of the Agreement is 4 January 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Barro Group Pty Ltd sought approval of the Barro Group Concrete Batching Plant Employees Enterprise Agreement 2022. The applicant, a concrete batching plant operator, and the union, representing its employees, had reached an agreement on terms and conditions of employment. The dispute centred on whether the agreement complied with the Fair Work Act 2009, particularly regarding minimum entitlements and procedural fairness.

The primary legal issues revolved around the compliance of the agreement with statutory requirements, ensuring that it met the minimum standards prescribed by the Fair Work Act, and whether there was sufficient evidence of genuine bargaining. The Commission needed to verify if the agreement was free from prohibited content, contained the necessary minimum terms and conditions, and if the union had genuinely represented its members in the bargaining process.

The Commission found that the agreement was compliant with the Fair Work Act. It satisfied all minimum entitlements and did not include any prohibited content. The evidence demonstrated that the union had genuinely represented its members and engaged in good faith bargaining with the employer. The Commission was satisfied that the process followed was procedurally fair and that the agreement reflected the outcome of genuine negotiations.

The Commission approved the agreement, which now sets the terms and conditions for the employees of the Barro Group Concrete Batching Plant. This decision ensures that the employees are covered by a legally compliant enterprise agreement that meets all statutory requirements.

Barro Group Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established