Best Bar Pty Ltd T/A Best Bar Reinforcements

Case

[2022] FWCA 2093

28 JUNE 2022


[2022] FWCA 2093

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Best Bar Pty Ltd T/A Best Bar Reinforcements

(AG2022/1842)

Best Bar Pty Ltd Northern Territory Enterprise Agreement 2022 – 2025

Manufacturing and associated industries

 DEPUTY PRESIDENT YOUNG

MELBOURNE, 28 JUNE 2022

Application for approval of the Best Bar Pty Ltd Northern Territory Enterprise Agreement 2022 – 2025

  1. Best Bar Pty Ltd T/A Best Bar Reinforcements has made an application for approval of an enterprise agreement known as the Best Bar Pty Ltd Northern Territory Enterprise Agreement 2022 – 2025 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

  1. The Employer has requested that the Commission exercise the discretion available to it under s 586(a) of the Act to allow a correction or amendment to the proposed Agreement. The correction involves an amendment to clause 9g. The Employer submits that the cross references at clause 9g incorrectly referenced clause 8g of the Agreement where the cross references should have referred to clause 9g of the Agreement.

  1. I am satisfied that it is appropriate for the Commission to exercise the discretion available to it to correct the Agreement in the manner proposed on the basis that the correction is administrative in nature only, and simply to ensure the Agreement accurately reflects what was agreed to and approved by the parties and the employees who voted to approve the Agreement.

  1. The Employer has provided a revised copy of the Agreement that contains the amended correction. It will now be published on the Commission’s website in place of the copy that was submitted to the Commission at the time the application was made.

  1. On the basis of the material contained in the application, and the accompanying statutory declaration, I am satisfied that each of the requirements of ss 186, 187, and 188 as are relevant to this application for approval have been met.

  1. The Agreement was approved on 28 June 2022 and, in accordance with s 54, will operate from 5 June 2022. The nominal expiry date of the Agreement is 31 March 2025.


DEPUTY PRESIDENT

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