Bestbar (Vic) Pty Ltd T/A Best Bar Reinforcements
[2020] FWCA 1728
•31 MARCH 2020
| [2020] FWCA 1728 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Bestbar (Vic) Pty Ltd T/A Best Bar Reinforcements
(AG2019/4974)
BESTBAR (VIC) PTY LTD ENTERPRISE AGREEMENT 2019-2022
Manufacturing and associated industries | |
COMMISSIONER YILMAZ | MELBOURNE, 31 MARCH 2020 |
Application for approval of the Bestbar (Vic) Pty Ltd Enterprise Agreement 2019-2022.
[1] An application has been made for approval of an enterprise agreement known as the Bestbar (Vic) Pty Ltd 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 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 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.
[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
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Annexure A
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