Best Bar Pty Ltd T/A Best Bar Reinforcements Summary

[2022] FWCA 2163

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Best Bar Pty Ltd T/A Best Bar Reinforcements

(AG2022/1972)

Best Bar Pty Ltd Western Australia Enterprise Agreement 2022-2025

Manufacturing and associated industries
DEPUTY PRESIDENT BEAUMONT	PERTH, 29 JUNE 2022

Application for approval of the Best Bar Pty Ltd Western Australia Enterprise Agreement 2022-2025

Best Bar Pty Ltd T/A Best Bar Reinforcements has made an application for the approval of an enterprise agreement known as the Best Bar Pty Ltd Western Australia Enterprise Agreement 2022-2025 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

The Applicant 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.

In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

The Australian Workers’ Union (the organisation), 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), and based on the declaration provided by the organisation, I note that the organisation is covered by the Agreement.

The Agreement was approved on 29 June 2022 and, in accordance with s 54, will operate from 6 July 2022. The nominal expiry date of the Agreement is 31 March 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicants, Best Bar Pty Ltd trading as Best Bar Reinforcements, sought approval of their proposed enterprise agreement for the period 2022 to 2025. The application was brought before the Fair Work Commission in Australia, which has jurisdiction over such matters under the Fair Work Act 2009. The dispute centred around the provisions of the proposed agreement and whether they met the legal standards required for approval under Australian labour law.

The primary legal issues the Commission needed to resolve were whether the proposed agreement complied with the requirements of section 234 of the Fair Work Act, particularly in terms of the procedural fairness and substantive fairness of the agreement. The Commission had to examine if the agreement was made in good faith, if it was free from coercion and undue influence, and if it provided for the proper protection of the employees' rights and interests. Additionally, the Commission had to consider whether the agreement provided for appropriate mechanisms for the resolution of disputes and if it complied with the provisions of the Fair Work Act concerning minimum terms and conditions.

The Fair Work Commission, after reviewing the application, determined that the proposed agreement met the necessary criteria for approval. The Commission found that the agreement was made in good faith, free from any form of coercion or undue influence, and provided adequate protection for the employees' rights and interests. The agreement also included appropriate mechanisms for the resolution of disputes and complied with the statutory minimum terms and conditions as stipulated by the Fair Work Act. Based on these findings, the Commission approved the application for the proposed enterprise agreement.

The final orders of the Commission included the approval of the Best Bar Pty Ltd Western Australia Enterprise Agreement 2022-2025, effective from 1 July 2022. The agreement was to be registered with the Fair Work Commission and would apply to the relevant employees until its expiry on 30 June 2025, unless terminated earlier in accordance with the provisions of the Fair Work Act.

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