DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bestbar (Vic) Pty Ltd T/A Best Bar Reinforcements
(AG2019/4946)

BESTBAR (VIC) PTY LTD SOUTH AUSTRALIA ENTERPRISE AGREEMENT 2018-2021

Manufacturing and associated industries
COMMISSIONER YILMAZ	MELBOURNE, 31 MARCH 2020

Application for approval of the Bestbar (Vic) Pty Ltd South Australia Enterprise Agreement 2018 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the Bestbar (Vic) Pty Ltd South Australia Enterprise Agreement 2018-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Bestbar (Vic) 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 is approved and in accordance with s.54, will operate from 7 April 2020. The nominal expiry date of the Agreement is 31 March 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application for the approval of the Bestbar (Vic) Pty Ltd South Australia Enterprise Agreement 2018 - 2021. The applicant, Bestbar (Vic) Pty Ltd, sought to have the agreement certified as a single-employer, single-enterprise agreement, and that it be registered by the Commission. The applicant argued that the agreement complied with the relevant provisions of the Fair Work Act 2009 and was made in good faith.

The central legal issues that the Commission was required to decide included whether the agreement was made in good faith and whether it complied with the requirements of the Fair Work Act. The Commission also needed to determine if the agreement covered all employees within the defined enterprise and if it provided for the proper regulation of workplace terms and conditions. The Commission considered whether the agreement was made under a genuine enterprise agreement process and if it met the criteria for approval and registration.

In its decision, the Fair Work Commission found that the agreement was made in good faith and complied with the relevant provisions of the Fair Work Act. The Commission confirmed that the agreement covered all employees within the defined enterprise and provided for the proper regulation of workplace terms and conditions. The Commission also determined that the agreement was made under a genuine enterprise agreement process and met the criteria for approval and registration. Consequently, the Commission approved the Bestbar (Vic) Pty Ltd South Australia Enterprise Agreement 2018 - 2021 and ordered its registration.

Bestbar (Vic) 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