Best Bar Pty Ltd T/A Best Bar Reinforcements Summary

[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

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.

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.

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.

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.

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.

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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Best Bar Pty Ltd T/A Best Bar Reinforcements, the applicant sought approval of a proposed enterprise agreement with its employees. The application was heard in the Fair Work Commission, which is responsible for the approval of enterprise agreements under Australian labour law. The enterprise agreement in question sought to establish terms and conditions of employment for the employees of Best Bar Pty Ltd for the period from 2022 to 2025.

The central legal issue before the Commission was whether the proposed agreement met the requirements for approval under the Fair Work Act 2009. This involved an assessment of whether the agreement complied with the relevant provisions of the Act, including those related to the bargaining process, the content of the agreement, and the protection of employees' rights. Specifically, the Commission had to determine whether the agreement was genuinely negotiated, covered all mandatory topics, and provided for proper protections for employees' rights and entitlements.

In its decision, the Commission considered the evidence and submissions provided by both parties. It examined the process through which the agreement was negotiated and whether it complied with the requirements for genuine bargaining. The Commission also assessed the content of the agreement to ensure it covered all mandatory topics and provided adequate protections for employees. Ultimately, the Commission found that the agreement met the necessary criteria and approved the proposed enterprise agreement. The approval was based on the conclusion that the agreement was genuinely negotiated, covered all mandatory topics, and provided for adequate employee protections.

The Fair Work Commission approved the Best Bar Pty Ltd Northern Territory Enterprise Agreement 2022-2025, recognising its compliance with the statutory requirements. This decision ensures that the terms and conditions of employment for the employees of Best Bar Pty Ltd are formally agreed upon and regulated by the approved enterprise agreement.

Best Bar Pty Ltd T/A Best Bar Reinforcements

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established