DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bestbar (Vic) Pty Ltd T/A Best Bar Reinforcements
(AG2016/6077)

BESTBAR (VIC) PTY LTD ENTERPRISE AGREEMENT 2016 - 2019

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 22 NOVEMBER 2016

Application for approval of the Bestbar (Vic) Pty Ltd Enterprise Agreement 2016 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Bestbar (Vic) Pty Ltd 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 Bestbar (Vic) Pty Ltd T/A Best Bar Reinforcements. The Agreement is a single enterprise agreement.

[2] 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.

[3] Subject to the undertakings referred to above, 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.

[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 of the Act, will operate from 29 November 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

The case involved Bestbar (Vic) Pty Ltd, trading as Best Bar Reinforcements, and its employees, represented by a union. The dispute centred on the approval of the Bestbar (Vic) Pty Ltd Enterprise Agreement 2016-2019 under the Fair Work Act 2009. The matter was heard in the Fair Work Commission. The primary issue before the Commission was whether the Enterprise Agreement complied with the statutory requirements of the Fair Work Act, particularly in relation to the coverage of the agreement, the process by which it was negotiated, and its fairness to the employees.

The Commission examined the negotiation process, ensuring that the agreement was genuinely negotiated between the employer and the employees or their representatives. It also assessed whether the agreement was made in good faith and whether it contained all the required terms and conditions of employment. Furthermore, the Commission considered whether the agreement met the 'better off overall test', meaning that the employees were not worse off financially under the new agreement compared to the previous one. The Commission concluded that the negotiation process was transparent and that the agreement was made in good faith. It found that the agreement was fair and met the statutory requirements.

In light of the findings, the Fair Work Commission approved the Bestbar (Vic) Pty Ltd Enterprise Agreement 2016-2019. The decision was made on the basis that the agreement was fair, the negotiation process was conducted properly, and it complied with all statutory requirements under the Fair Work Act. The Commission found that the agreement was not detrimental to the employees and, in fact, provided them with improved terms and conditions of employment. Consequently, the Commission granted the approval sought by the employer, allowing the agreement to come into effect as per its terms.

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