DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Best Bar Pty Ltd T/A Best Bar Reinforcements
(AG2019/4690)

BEST BAR PTY LTD NORTHERN TERRITORY ENTERPRISE AGREEMENT 2019-2022

Manufacturing and associated industries
COMMISSIONER YILMAZ	MELBOURNE, 31 MARCH 2020

Application for approval of the Best Bar Pty Ltd Northern Territory Enterprise Agreement 2019 - 2022.

[1] An application has been made for approval of an enterprise agreement known as the Best Bar Pty Ltd Northern Territory 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 14. 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 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

In the Fair Work Commission, Best Bar Pty Ltd, trading as Best Bar Reinforcements, applied for the approval of the Best Bar Pty Ltd Northern Territory Enterprise Agreement 2019 - 2022. The application involved determining whether the agreement met the requirements of the Fair Work Act 2009 and was in the best interests of the employees covered by the agreement.

The central legal issues were whether the agreement was a genuine bargain between the parties, whether it met the requirements of the Fair Work Act 2009, and whether the agreement was in the best interests of the employees. The court also needed to consider whether the agreement complied with the Fair Work (Registered Organisations) Act 2009 and whether the agreement contained provisions that were contrary to public policy.

The Fair Work Commission held that the agreement was a genuine bargain and met the requirements of the Fair Work Act 2009. The agreement was found to be in the best interests of the employees, and the Commission approved the agreement. The Commission found that the agreement complied with the Fair Work (Registered Organisations) Act 2009 and did not contain any provisions that were contrary to public policy.

The Fair Work Commission approved the Best Bar Pty Ltd Northern Territory Enterprise Agreement 2019 - 2022, finding it to be a genuine bargain, in compliance with the Fair Work Act 2009, and in the best interests of the employees.

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