Barrett Burston Malting Co Pty Ltd

[2013] FWCA 2495

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Barrett Burston Malting Co Pty Ltd
(AG2013/6100)

BARRETT BURSTON MALTING CO PINKENBA ENTERPRISE AGREEMENT 2013

Food, beverages and tobacco manufacturing industry
COMMISSIONER GREGORY	MELBOURNE, 3 MAY 2013

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

[1] An application has been made for approval of an enterprise agreement known as the Barrett Burston Malting Co Pinkenba Enterprise Agreement 2013 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 May 2013. The nominal expiry date of the Agreement is 30 September 2014.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Barrett Burston Malting Co Pty Ltd, sought approval of the Barrett Burston Malting Co Pinkenba Enterprise Agreement 2013. The dispute arose when the applicant sought to implement changes to the employment conditions of its workers, which were intended to enhance efficiency and profitability. The application was heard by the Fair Work Commission, a tribunal with jurisdiction to make decisions under the Fair Work Act 2009.

The legal issues before the Commission centred on whether the proposed changes to the enterprise agreement were fair and reasonable. The applicant argued that the changes were necessary to ensure the long-term viability of the business and would not adversely affect the employees. The respondents contended that the changes would result in significant detriment to the workers and were therefore unfair.

The Commission considered the principles of good faith bargaining and the object of the Fair Work Act, which is to provide for a fair system of industrial relations. The Commission found that the applicant had demonstrated a genuine intention to bargain in good faith and that the changes were necessary to improve the business's financial position. The Commission also found that the changes would not have an adverse effect on the employees' terms and conditions of employment. Accordingly, the Commission approved the enterprise agreement.

The Commission ordered that the Barrett Burston Malting Co Pinkenba Enterprise Agreement 2013 be approved as a registered agreement, effective from the date of the decision. The respondents were granted leave to appeal the decision to the Federal Court within 21 days of the decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established