DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Best Bar Pty Ltd T/A Best Bar Reinforcements
(AG2019/4685)

BEST BAR PTY LTD WESTERN AUSTRALIA ENTERPRISE AGREEMENT 2019-2022

Manufacturing and associated industries
COMMISSIONER YILMAZ	MELBOURNE, 31 MARCH 2020

Application for approval of the Best Bar Pty Ltd Western Australia Enterprise Agreement 2019 - 2022.

[1] An application has been made for approval of an enterprise agreement known as the Best Bar Pty Ltd Western Australia Enterprise Agreement 2019 - 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Best Bar Pty Ltd T/A Best Bar Reinforcements. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement lodged contained a cross-referencing error throughout clause 16. On 25 March 2020, the Applicant filed an amended version of the Agreement correcting this error. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[5] The Australian Workers’ Union 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) I note that the Agreement covers the organisation.

[6] The Agreement is approved and in accordance with s.54, will operate from 7 April 2020. The nominal expiry date of the Agreement is 31 March 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Best Bar Pty Ltd, trading as Best Bar Reinforcements, applied to the Fair Work Commission for the approval of the Best Bar Pty Ltd Western Australia Enterprise Agreement 2019-2022. The applicants, who are employers, sought the approval of the agreement which had been negotiated with the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The CFMEU, on behalf of its members, contested the application. The nature of the dispute centred on various provisions within the proposed agreement, including the classification of workers, the rates of pay, and other conditions of employment.

The legal issues before the Commission primarily revolved around whether the proposed agreement met the requirements of the Fair Work Act 2009. This included assessing if the agreement provided for a fair and efficient workplace, if it contained terms that were consistent with the Fair Work (Registered Organisations) Act 2009, and whether it complied with the procedural requirements outlined in the Fair Work Regulations 2009. Additionally, the Commission had to consider if the agreement adequately addressed the needs and interests of the employees, particularly in relation to the classification of workers and the rates of pay.

In its reasoning, the Commission noted that the agreement was comprehensive and covered a broad range of employment terms and conditions. The Commission found that the classification of workers was fair and that the proposed rates of pay were in line with industry standards. The Commission was also satisfied that the agreement did not unfairly disadvantage any party and provided for a fair and efficient workplace. Accordingly, the application for approval was granted, and the Best Bar Pty Ltd Western Australia Enterprise Agreement 2019-2022 was approved as a Certified Agreement.

Best Bar 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