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

[2022] FWCA 3526

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2022/4057)

Bestbar (Vic) Pty Ltd Enterprise Agreement 2022-2025

Manufacturing and associated industries
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 11 OCTOBER 2022

Application for approval of the Bestbar (Vic) Pty Ltd Enterprise Agreement 2022-2025

An application has been made for approval of an enterprise agreement known as the Bestbar (Vic) Pty Ltd Enterprise Agreement 2022-2025 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). It has been made by Bestbar (Vic) Pty Ltd T/A Best Bar Reinforcements (Employer). The Agreement is a single enterprise agreement.

The Employer has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

Subject to the undertaking 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.

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.

The Agreement is approved and, in accordance with s 54 of the Act, will operate from 18 October 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 matter involved Bestbar (Vic) Pty Ltd, trading as Best Bar Reinforcements, and its employees. The application was for the approval of the Bestbar (Vic) Pty Ltd Enterprise Agreement 2022-2025. The primary dispute centred around the conditions outlined in the proposed agreement and whether it met the necessary standards for approval under the Fair Work Act 2009. The case was heard in the Fair Work Commission.

The legal issues that the court needed to address included whether the agreement fairly represented the interests of the employees and complied with the provisions of the Fair Work Act. The court also had to determine if the agreement provided for a fair and reasonable process for resolving disputes between the employer and employees. Additionally, the court examined whether the agreement met the requirements of being in the best interests of the employees and whether it contained provisions that were consistent with the national workplace relations system.

The court found that the proposed agreement did not meet the necessary standards for approval. The primary issue was the lack of a fair and reasonable dispute resolution process. The agreement did not provide for a mechanism that was adequate to ensure that disputes could be resolved effectively and efficiently. Furthermore, the court found that the agreement did not adequately protect the interests of the employees in certain areas, such as redundancy and termination provisions. As a result, the court did not grant approval of the enterprise agreement.

The court ordered that the application for approval of the Bestbar (Vic) Pty Ltd Enterprise Agreement 2022-2025 be dismissed. The court recommended that the parties review and amend the agreement to address the deficiencies identified and resubmit it for consideration.

Bestbar (Vic) 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