Best Bar (NSW) Pty Ltd
[2024] FWCA 3004
•15 AUGUST 2024
| [2024] FWCA 3004 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Best Bar (NSW) Pty Ltd
(AG2024/2775)
BEST BAR (NSW) PTY LTD ENTERPRISE AGREEMENT 2024-2026
| Manufacturing and associated industries | |
| DEPUTY PRESIDENT GRAYSON | SYDNEY, 15 AUGUST 2024 |
Application for approval of the Best Bar (NSW) Pty Ltd Enterprise Agreement 2024-2026
Introduction
Best Bar (NSW) Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Best Bar (NSW) Pty Ltd Enterprise Agreement 2024-2026 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
Transitional arrangements under the Secure Jobs, Better Pay amendment
The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, that commenced operation on 6 June 2023. By reason of the transitional arrangements for the Amending Act and the notification time for the Agreement of 19 October 2023, the genuine agreement requirements for agreement approval in Part 2-4 of the Act, as amended on 6 June 2023 apply to the present application. Further, as the Agreement was made on 10 July 2024 the better off overall test requirements in Part 2-4 of the Act as amended on 6 June 2023 apply.
Filing of amended Form F17B
The Form F17B lodged by the Employer did not specify the notification time for the agreement. being the date on which employees were notified of the commencement of bargaining for the Agreement) or sufficient detail addressing matters I am required to consider under s.188(2) of the Act and [17] – [18] of the Statement of Principles on Genuine Agreement.
After having reviewed the initiating and supporting documents, Chambers wrote to the parties to request the filing of an amended Form F17B to address these issues, as well as provide an opportunity to respond to other issues identified in the course of reviewing the application. On 7 August 2024, the employer filed an amended Form F17B including this information and I allowed for it to be filed accordingly.
Section 190 Undertakings
The employer 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.
Section 186, 187, 188 and 190
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.
Section 183 Bargaining Representatives
The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Australian Workers’ Union (AWU) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them.
In accordance with s.201(2), I note that the Agreement covers the AMWU and the AWU.
Approval
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 August 2024. The nominal expiry date of the Agreement is 31 March 2026.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
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ANNEXURE A
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