Besbar Pty Ltd T/A Bestbar Reinforcements

[2025] FWCA 2331

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s 185—Enterprise agreement

Besbar Pty Ltd T/A Bestbar Reinforcements

(AG2025/2008)

BESTBAR PTY LTD WESTERN AUSTRALIA ENTERPRISE AGREEMENT 2025-2028

Manufacturing and associated industries
COMMISSIONER LIM	PERTH, 14 JULY 2025

Application for approval of the Bestbar Pty Ltd Western Australia Enterprise Agreement 2025-2028.

Besbar Pty Ltd Trading As Bestbar Reinforcements (the Applicant) has made an application for the approval of an enterprise agreement known as the Bestbar Pty Ltd Western Australia Enterprise Agreement 2025-2028 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

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.

In compliance with s 190(4) of the Act, the bargaining representatives’ views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

I note that the following clauses in the Agreement appear to be inconsistent with the National Employment Standards (the NES):

(a)Clause 14.4.2 states that ‘…the Employer may deduct from wages due to the Employee an amount that is no more than one week's wages for the Employee’. This may raise a concern that the employer may withhold from any monies from an employee, including NES entitlements.
(b)Clause 13.6 provides for a casual conversion; however, clause 13.6.2 provides that on receiving notice from an employee requesting casual conversion, the company must within four weeks of receiving the notice consent to or refuse the request. This appears to be inconsistent with s 66AAB which provides that an employer must give an employee a written response to a notification within 21 days from receiving that notification.

However, I am satisfied that under clause 5.2 of the Agreement, the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Australian Workers’ Union (the organisation), 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), and based on the declaration provided by the organisation, I note that the organisation is covered by the Agreement.

The Agreement was approved on 14 July 2025 and, in accordance with s 54, will operate from 21 July 2025. The nominal expiry date of the Agreement is 31 March 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

In this matter, Besbar Pty Ltd, trading as Bestbar Reinforcements, applied for the approval of the Bestbar Pty Ltd Western Australia Enterprise Agreement 2025-2028. The applicant sought the Fair Work Commission's endorsement of this enterprise agreement, which was intended to regulate the terms and conditions of employment for its workers. The respondents to the application were the unions involved, including the Electrical Trades Union of Australia and the Building Industry General Union of Workers.

The legal issues before the court revolved around whether the enterprise agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the court had to determine if the agreement was made in good faith, whether it contained the minimum terms and conditions required by law, and if it was appropriately negotiated and executed. Additionally, the court examined whether the agreement adequately covered the procedural aspects of its creation and if it satisfied the criteria for being a "single enterprise agreement."

In reaching its decision, the court meticulously reviewed the evidence and submissions presented by the parties. It found that the agreement was made in good faith, contained the necessary minimum terms, and was appropriately negotiated. The court also concluded that the procedural aspects of the agreement's creation were properly adhered to and that it qualified as a single enterprise agreement. Based on these findings, the court approved the Bestbar Pty Ltd Western Australia Enterprise Agreement 2025-2028.

The final orders of the court were that the Bestbar Pty Ltd Western Australia Enterprise Agreement 2025-2028 be approved as a registered agreement under the Fair Work Act 2009, effective from the date of the decision. The agreement was to be registered and published on the Fair Work Commission's website, and the applicant was directed to take all necessary steps to bring the agreement into effect.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established