DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Best Bar Pty Ltd T/A Best Bar Reinforcements
(AG2016/887)

BEST BAR PTY LTD NORTHERN TERRITORY ENTERPRISE AGREEMENT 2016-2019

Northern Territory
COMMISSIONER SAUNDERS	MELBOURNE, 23 MAY 2016

Application for approval of the Best Bar Pty Ltd Northern Territory Enterprise Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the Best Bar Pty Ltd Northern Territory 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] The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 May 2016. The nominal expiry date of the Agreement is 31 March 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Best Bar Pty Ltd T/A Best Bar Reinforcements applied for approval of the Best Bar Pty Ltd Northern Territory Enterprise Agreement 2016-2019. The application was made under section 232 of the Fair Work Act 2009. The applicant sought to have the agreement approved in accordance with the Act, as a "single interest employer agreement" which did not include any individual employees, and as an agreement that was made in accordance with the "good faith" provisions of the Act.

The primary legal issue before the court was whether the agreement was made in good faith in accordance with the Act, and whether the application was otherwise compliant with the statutory requirements. The applicant argued that the agreement was made in good faith, and that the application was otherwise compliant with the requirements of the Act. The respondent, the Fair Work Ombudsman, argued that the agreement was not made in good faith, and that the application was not compliant with the requirements of the Act.

The court found that the agreement was made in good faith, and that the application was otherwise compliant with the requirements of the Act. The court found that the applicant had taken reasonable steps to ensure that the agreement was made in good faith, and that the agreement did not contain any terms that were contrary to the Act. The court also found that the application was otherwise compliant with the requirements of the Act. The court approved the agreement, and made the necessary orders under section 233 of the Act.

The court found that the applicant had discharged the onus of proving that the agreement was made in good faith, and that the application was otherwise compliant with the requirements of the Act. The court approved the agreement, and made the necessary orders under section 233 of the Fair Work Act 2009.

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