Bestbar (Vic) Pty Ltd Trading AS Best Bar Reinforcements

BESTBAR (VIC) PTY LTD ENTERPRISE AGREEMENT 2025-2028

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

[1] 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.

[2] 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.

[3] 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

[4] 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.

[5] 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.

[6] 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.

[7] 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.

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