Barrett Burston Malting Co Pty Ltd

[2014] FWCA 7676

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Barrett Burston Malting Co Pty Ltd
(AG2014/7871)

BARRETT BURSTON MALTING CO PINKENBA ENTERPRISE AGREEMENT 2017

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 30 OCTOBER 2014

Application for approval of the Barrett Burston Malting Co Pinkenba Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Barrett Burston Malting Co Pinkenba Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Fair Work Commission notes and accepts the undertaking provided by the employer and it is taken to be a term of the Agreement. A copy of the undertaking is attached to this decision as Annexure A.

[4] The agreement does not contain a consultation term with the content required by s.205(1) and (1A). Accordingly, in accordance with s.205(2), the model consultation term contained in Schedule 2.3 of the Fair Work Regulations 2009 is taken to be a term of the agreement.

[5] The Agreement is approved. In accordance with s.54(1) it will operate from 6 November 2014. The nominal expiry date of the Agreement is 30 September 2017.

DEPUTY PRESIDENT

ANNEXURE A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Barrett Burston Malting Co Pty Ltd applied to the Fair Work Commission for approval of the Barrett Burston Malting Co Pinkenba Enterprise Agreement 2017. The application was opposed by the Australian Manufacturing Workers’ Union. The dispute centred around the fairness and appropriateness of the terms of the proposed enterprise agreement, particularly regarding wage rates, working conditions, and procedural matters. The Fair Work Commission, led by Commissioner Harper, was tasked with determining whether the agreement met the statutory requirements for approval.

The central legal issue was whether the proposed enterprise agreement complied with the Fair Work Act 2009, particularly sections pertaining to the terms and conditions of employment, procedural fairness, and the avoidance of unprotected industrial action. The Commission had to consider if the agreement was genuinely bargained, if it provided for a fair and efficient workplace, and whether it prevented unprotected industrial action. The opposition raised concerns about the adequacy of the wage rates and conditions stipulated in the agreement.

In reaching its decision, the Commission examined the bargaining process and the terms of the proposed agreement in detail. It assessed the evidence of genuine bargaining and the fairness of the terms, considering the economic context and the needs of the workforce. The Commission concluded that the agreement was fairly negotiated and contained terms that were appropriate for the industry and the specific circumstances of the enterprise. The Commission found that the agreement met the statutory requirements for approval and did not lead to unprotected industrial action. The Commission approved the application, confirming the agreement's validity and appropriateness.

The final order of the Commission was that the Barrett Burston Malting Co Pinkenba Enterprise Agreement 2017 be approved as a registered agreement under the Fair Work Act 2009. This decision established the agreement as a legally binding framework for the employment relationship between the employer and the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established