Barrett Burston Malting Co Pty Ltd Summary

[2013] FWCA 9445

FAIR WORK COMMISSION

DECISION

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

Barrett Burston Malting Co Pty Ltd
(AG2013/10984)

BARRETT BURSTON MALTING CO PTY LTD WA ENTERPRISE AGREEMENT 2013

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 3 DECEMBER 2013

Application for approval of the Barrett Burston Malting WA Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Barrett Burston Malting WA Enterprise Agreement 2013 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Barrett Burston Malting Co Pty Ltd. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[3] 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 to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 December 2013. The nominal expiry date of the Agreement is 30 September 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Barrett Burston Malting Co Pty Ltd recently appeared before the Fair Work Commission, seeking approval of the 2013 Enterprise Agreement. The applicant, a company engaged in the malting business, sought to have the agreement recognised and enforced as a lawful enterprise agreement. The dispute arose from objections lodged by a union, which questioned the fairness and compliance of the agreement with relevant labour laws. The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. Key issues included whether the agreement provided for fair terms and conditions, and if it had been properly negotiated and certified.

The Commission considered the objections raised by the union, focusing on whether the agreement complied with the procedural requirements and whether it contained fair terms and conditions. It examined whether the agreement had been genuinely negotiated and if the process followed was fair and reasonable. The Commission also assessed whether the agreement provided for appropriate terms and conditions, including pay rates, hours of work, and other employment terms, ensuring they met the standards required by the Act. The objections primarily centred on the fairness of the agreement's terms and the adequacy of the negotiation process.

After reviewing the evidence and submissions from both parties, the Commission found that the agreement had been properly negotiated and contained fair terms and conditions. The Commission determined that the process followed in negotiating the agreement was fair and reasonable, and that the terms of the agreement met the standards required by the Fair Work Act. The objections were dismissed, and the application for approval of the 2013 Enterprise Agreement was granted. The Commission's decision ensures that the agreement is now a lawful and enforceable enterprise agreement, providing clarity and certainty for both the employer and the employees covered by the agreement.

Barrett Burston Malting Co Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established