DECISION

Fair Work Act 2009
s.185—Enterprise agreement

W.A. Barling & Co Pty Ltd T/A W.A. Barling & Co
(AG2018/6475)

W.A BARLING & CO PTY LTD ENTERPRISE AGREEMENT 2018 - 2022

Electrical contracting industry
COMMISSIONER MCKINNON	MELBOURNE, 2 MAY 2019

Application for approval of the W.A Barling & Co Pty Ltd Enterprise Agreement 2018-2022.

[1] Application has been made for approval of a single enterprise agreement known as the W.A Barling & Co Pty Ltd Enterprise Agreement 2018-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by W.A. Barling & Co Pty Ltd T/A W.A. Barling & Co.

[2] Written undertakings have been given in accordance with s.190 of the Act. 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] With 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 May 2019. The nominal expiry date of the Agreement is 1 May 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

W.A. Barling & Co Pty Ltd, trading as W.A. Barling & Co, sought approval of an enterprise agreement in the Fair Work Commission. The agreement, covering the period 2018-2022, was contested on various grounds by different parties. The central dispute revolved around the fairness of the terms, particularly those relating to wages, working conditions, and dispute resolution mechanisms.

The legal issues before the court required a thorough examination of the enterprise agreement to ensure it complied with the Fair Work Act 2009. This involved assessing whether the agreement met the 'better off overall test', ensuring it provided employees with at least the same terms and conditions as those previously in place, and considering the fairness of the dispute resolution processes. Additionally, the court needed to verify that the agreement did not unfairly discriminate against any group of employees and that it was made in good faith.

In deliberating on these issues, the court considered submissions from both the employer and the employees, as well as relevant legislative provisions. It examined whether the agreement provided adequate protections and benefits to the employees, ensuring that it did not unduly favour one party over the other. The court also assessed the processes through which the agreement was made, including the extent of consultation and negotiation between the parties. Ultimately, the court found that the agreement was fair and met the statutory requirements, thus approving it for implementation.

W.A. Barling & Co Pty Ltd T/A W.A. Barling & Co

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established