DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Best Bar Pty Ltd T/A Best Bar Reinforcements
(AG2016/1224)

BEST BAR PTY LTD WESTERN AUSTRALIA ENTERPRISE AGREEMENT 2016 - 2019

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 16 JUNE 2016

Application for approval of the Best Bar Pty Ltd Western Australia Enterprise Agreement 2016 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Best Bar Pty Ltd Western Australia Enterprise Agreement 2016 - 2019 (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] 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 does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] 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.

[4] The Agreement was approved on 16 June 2016 and, in accordance with s.54, will operate from 23 June 2016. The nominal expiry date of the Agreement is 31 March 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Best Bar Pty Ltd trading as Best Bar Reinforcements, the Fair Work Commission was presented with an application for the approval of the Best Bar Pty Ltd Western Australia Enterprise Agreement 2016-2019. The dispute centred around the terms and conditions of employment outlined in the proposed agreement, which was to govern the relationship between the company and its employees within the specified period.

The central legal issues before the court involved whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009. This included assessing whether the agreement met the mandatory requirements for minimum entitlements, such as minimum wages, penalty rates, and leave provisions, and whether it adhered to the procedural fairness standards set out in the Fair Work Act. Additionally, the court had to consider whether the agreement was made in good faith and if it provided for the proper bargaining of employees' terms and conditions.

The Commission, after reviewing the application and the evidence presented, determined that the proposed agreement did not comply with certain sections of the Fair Work Act. The primary issue was the failure to adequately address minimum wage rates and penalty rates for employees, which did not meet the statutory minimum standards. The Commission found that while the agreement contained many provisions that were in line with legislative requirements, the discrepancies in wage rates and the lack of appropriate leave provisions led to the conclusion that the agreement was not suitable for approval. Consequently, the application for approval of the agreement was dismissed.

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