DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Barrett Burston Malting Co. Pty. Ltd.
(AG2018/3087)

BARRETT BURSTON MALTING COMPANY PTY LTD (WESTERN AUSTRALIA) ENTERPRISE AGREEMENT 2017

Food, beverages and tobacco manufacturing industry
COMMISSIONER GREGORY	MELBOURNE, 3 JANUARY 2019

Application for approval of the Barrett Burston Malting Company Pty Ltd (Western Australia) Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Barrett Burston Malting Company Pty Ltd (Western Australia) Enterprise Agreement 2017 (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 Co. Pty. Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] The Breweries and Bottleyards Employees' Industrial Union of Workers of Western Australia 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 January 2019. The nominal expiry date of the Agreement is 30 September 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Barrett Burston Malting Co. Pty. Ltd. was the subject of an application to the Fair Work Commission for the approval of the Enterprise Agreement 2017. The applicant, Barrett Burston Malting Co. Pty. Ltd., sought to have the agreement approved under the Fair Work Act 2009. The respondents to the application were the relevant trade unions representing the employees of the company. The dispute centred on whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act and whether it appropriately covered the terms and conditions of employment for the employees of the company.

The primary legal issues that the Commission needed to address were whether the agreement met the requirements for direct application, and if it provided for a safety net of minimum terms and conditions. The Commission also needed to consider if the agreement was free from prohibited content and if it was certified by a certified agreeing authority. Furthermore, the Commission had to assess whether the agreement had been made in good faith and without coercion, and if it included appropriate mechanisms for dispute resolution.

In making its decision, the Commission carefully examined the provisions of the Fair Work Act and the content of the proposed agreement. The Commission found that the agreement contained all the necessary elements required for direct application, including provisions for a safety net of minimum terms and conditions. The agreement was also found to be free from prohibited content and was certified by a certified agreeing authority. The Commission was satisfied that the agreement was made in good faith and without coercion and included appropriate mechanisms for dispute resolution. Accordingly, the Commission approved the Barrett Burston Malting Company Pty Ltd (Western Australia) Enterprise Agreement 2017.

The Fair Work Commission approved the Barrett Burston Malting Company Pty Ltd (Western Australia) Enterprise Agreement 2017. This decision confirmed the agreement's compliance with the Fair Work Act and recognised the terms and conditions it established for the employees of the company. The approval provided legal certainty and a framework for the ongoing employment relationship between the company and its employees, subject to the terms and conditions outlined in the agreement.

Barrett Burston Malting Co. Pty. Ltd.

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established