Bestbar (Vic) Pty Ltd Trading AS Best Bar Reinforcements Summary

[2025] FWCA 2853

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Bestbar (Vic) Pty Ltd Trading AS Best Bar Reinforcements

(AG2025/2693)

BESTBAR (VIC) PTY LTD ENTERPRISE AGREEMENT 2025-2028

Manufacturing and associated industries
COMMISSIONER PERICA	MELBOURNE, 26 AUGUST 2025

Application for approval of the Bestbar (Vic) Pty Ltd Enterprise Agreement 2025-2028

An application has been made for approval of an enterprise agreement known as the Bestbar (Vic) Pty Ltd Enterprise Agreement 2025-2028 (the Agreement). The application is made under section 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The Employer has provided a written undertaking. A copy of this undertaking is attached in Annexure A. I am satisfied 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. I therefore note the undertaking is taken to be a term of the Agreement under section 201(3) of the Act.

I note that the following provisions may be inconsistent with the National Employment Standards:

· Clause 9(f) – Casual conversion
· Clause 10(a) – Notice of termination

However, noting clause 5 of the Agreement, I am satisfied the more beneficial entitlements of the National Employment Standards will prevail where there is an inconsistency with the Agreement.

Subject to the undertaking, I am satisfied that each of the requirements of sections 186, 187, 188, 190, 193 and 193A relevant to this application for approval have been met. The Agreement does not cover all the employees of the employer, however, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

The Australian Workers’ Union being a bargaining representative for the Agreement has given notice under section 183 of the Act that it wants the Agreement to cover it. I therefore note the Agreement covers the organisation under section 201(2) of the Act.

The Agreement is approved today 26 August 2025. It will operate from 2 September 2025 as required by section 54 of the Act. The nominal expiry date is 31 March 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Bestbar (Vic) Pty Ltd, trading as Best Bar Reinforcements, applied to the Fair Work Commission for approval of an enterprise agreement. The agreement was to be in place from 2025 to 2028 and covered the employees of Bestbar. The nature of the dispute involved the procedural and substantive fairness of the agreement, particularly focusing on whether the agreement was made in good faith and whether it met the requirements under the Fair Work Act 2009. The Commission was required to determine if the agreement was fairly and properly negotiated and if it provided for appropriate terms and conditions for the employees.

The legal issues before the Commission included whether there was genuine bargaining between the parties, whether the agreement contained all the mandated terms, and if the process of making the agreement was compliant with the requirements of the Fair Work Act. Additionally, the Commission needed to assess if the agreement met the "better off overall test," ensuring that no employee would be worse off financially under the new agreement compared to their previous conditions.

In reaching its decision, the Commission examined the evidence provided by both parties and considered the principles of good faith bargaining and the statutory obligations under the Fair Work Act. The Commission found that the agreement was indeed made in good faith and that there was genuine negotiation between the employer and the employees' representatives. The agreement contained all the mandated terms and provided for the appropriate terms and conditions for the employees. Furthermore, the Commission concluded that the agreement met the better off overall test, ensuring that employees would not be worse off financially. Consequently, the Commission approved the Bestbar (Vic) Pty Ltd Enterprise Agreement 2025-2028.

Bestbar (Vic) Pty Ltd Trading AS 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