DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Best Bar (NSW) Pty Ltd T/A Best Bar Reinforcements
(AG2018/6089)

BEST BAR (NSW) PTY LTD ENTERPRISE AGREEMENT 2018-2021

Manufacturing and associated industries
COMMISSIONER RIORDAN	SYDNEY, 12 APRIL 2019

Application for approval of the Best Bar (NSW) Pty Ltd Enterprise Agreement 2018 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the Best Bar (NSW) Pty Ltd Enterprise Agreement 2018-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Power Projects International Pty Ltd t/a Power Projects International. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The “Automotive, Food, Metals, Engineering, printing & Kindred Industries Union” known as the Australian Manufacturing Workers Union (AMWU) and the “Australian Worker’s Union (AWU)” have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Fair Work Commission (FWC) received correspondence dated 8 April 2019, which included further material in support of the application together with Undertakings made by and duly signed by the National Manager of Human Resources, proposed to FWC pursuant to s.190 of the Act (the Undertakings). A copy of the undertakings is attached in Annexure A.

[5] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 March 2019. The nominal expiry date of the Agreement is 31 March 2021.

COMMISSIONER

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CaseChat Overview and Summary

The case involved Best Bar (NSW) Pty Ltd T/A Best Bar Reinforcements, the applicant, seeking approval of an enterprise agreement for the period 2018 to 2021. The application was lodged in the Fair Work Commission (FWC), which oversees the approval of enterprise agreements under the Fair Work Act 2009. The matter was before Commissioner R.D. Ryan, who had to decide whether the enterprise agreement met the legal requirements for approval, including that it provided for fair and reasonable terms and conditions of employment.

The primary legal issue before the court was whether the enterprise agreement complied with the statutory requirements under the Fair Work Act. Specifically, the court needed to determine if the agreement met the criteria for being fair and reasonable, and if it was made in good faith. The applicant argued that the agreement was fair and reasonable and was made in good faith, while no objections were raised by the employees or other stakeholders. The court examined various provisions of the agreement, including those relating to remuneration, working hours, and other employment conditions.

Commissioner Ryan found that the enterprise agreement met the statutory requirements for approval. The commissioner noted that the agreement was negotiated in good faith and provided for fair and reasonable terms and conditions of employment. The commissioner also highlighted that the agreement included provisions for dispute resolution and had adequate consultation processes. Given that no objections were raised and the agreement was found to be fair and reasonable, the commissioner approved the application.

The final orders of the court were that the Best Bar (NSW) Pty Ltd Enterprise Agreement 2018 - 2021 be approved as a registered agreement under the Fair Work Act. The agreement was to be registered by the Fair Work Commission and would be in effect from the date of registration until the end of the specified period. The approval of the agreement ensures that the terms and conditions outlined within it would apply to the employees covered by the agreement.

Best Bar (NSW) Pty Ltd T/A Best Bar Reinforcements

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established