Barrett Burston Malting Company Pty Ltd

[2019] FWCA 7546

[2019] FWCA 7546

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Barrett Burston Malting Company Pty Ltd
(AG2019/3901)

BARRETT BURSTON MALTING COMPANY PTY LTD (GEELONG) ENTERPRISE AGREEMENT 2019

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 1 NOVEMBER 2019

Application for approval of the Barrett Burston Malting Company Pty Ltd (Geelong) Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Barrett Burston Malting Company Pty Ltd (Geelong) Enterprise Agreement 2019. (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 Company 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] I note that Clauses 32.2(c), 15(a)(iv), 16.1(b), 16.2(d)(v), and 15.2 are inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 7.3 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[6] The National Union of Workers (NUW) 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 November 2019. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

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