Barrett Burston Malting Co. Pty. Ltd. Summary

[2024] FWCA 1821

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Barrett Burston Malting Co. Pty. Ltd.

(AG2024/1430)

BARRETT BURSTON MALTING COMPANY PTY LTD (PINKENBA) ENTERPRISE AGREEMENT 2023-2026

Food, beverages and tobacco manufacturing industry
COMMISSIONER DURHAM	BRISBANE, 17 MAY 2024

Application for approval of the Barrett Burston Malting Company Pty Ltd (Pinkenba) Enterprise Agreement 2023-2026

An application has been made for approval of an enterprise agreement known as the Barrett Burston Malting Company Pty Ltd (Pinkenba) Enterprise Agreement 2023-2026 (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 Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. 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.

Noting clause 6.3 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 30 September 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Barrett Burston Malting Co. Pty. Ltd. was the subject of an application for approval of the enterprise agreement it had entered into with its employees. The dispute was heard in the Fair Work Commission of Australia, which was tasked with determining whether the agreement met the necessary standards for approval. The Barrett Burston Malting Company Pty Ltd, represented by its management, sought to have their proposed enterprise agreement ratified. The agreement had been negotiated with the employees' representatives, but its validity hinged on meeting specific legal criteria under the Fair Work Act 2009.

The primary legal issues before the Commission involved whether the enterprise agreement complied with the statutory requirements, particularly in relation to the provisions regarding employee entitlements, the process by which the agreement was formed, and whether it was made in good faith and without coercion. The Commission had to assess if the agreement provided adequate protections and benefits for the employees and whether the negotiation process was fair and transparent.

In delivering its decision, the Commission carefully examined the provisions of the agreement and the evidence presented by both parties. The Commission found that the enterprise agreement contained clauses that met the legal standards set out in the Fair Work Act. It determined that the agreement was made in good faith, without any elements of coercion, and that it provided fair and reasonable terms for the employees. The Commission also noted the thorough process that had been followed in negotiating the agreement, which included multiple meetings and the involvement of independent mediators. Consequently, the Commission approved the enterprise agreement, affirming its compliance with the necessary legal requirements.

The Fair Work Commission approved the Barrett Burston Malting Company Pty Ltd (Pinkenba) Enterprise Agreement 2023-2026, affirming that it met all statutory requirements and was made in good faith. The Commission's approval is now effective, and the agreement will govern the terms and conditions of employment for the employees of Barrett Burston Malting Co. Pty. Ltd. for the period specified.

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