Barrett Burston Malting Co. Pty. Ltd.
[2022] FWCA 2797
•17 AUGUST 2022
| [2022] FWCA 2797 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Barrett Burston Malting Co. Pty. Ltd.
(AG2022/3272)
Barrett Burston Malting Company Pty Ltd (Pinkenba) Enterprise Agreement 2020 - 2023
| Food, beverages and tobacco manufacturing industry | |
| COMMISSIONER CIRKOVIC | MELBOURNE, 17 AUGUST 2022 |
Application for approval of the Barrett Burston Malting Company Pty Ltd (Pinkenba) Enterprise Agreement 2020-2023
An application has been made for approval of an enterprise agreement known as the Barrett Burston Malting Company Pty Ltd (Pinkenba) Enterprise Agreement 2020-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Barrett Burston Malting Company Pty Ltd. The Agreement is a single enterprise agreement.
The Employer 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. The undertakings are taken to be a term of the agreement.
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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.
I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting the provided undertakings, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Agreement was approved on 17 August 2022 and, in accordance with s.54, will operate from 24 August 2022. The nominal expiry date of the Agreement is 30 September 2023.
COMMISSIONER
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Annexure A
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