DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Barrett Burston Malting Company Pty Ltd
(AG2018/2507)

BARRETT BURSTON MALTING COMPANY PTY LTD (PINKENBA) ENTERPRISE AGREEMENT 2017 - 2020

Food, beverages and tobacco manufacturing industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 16 OCTOBER 2018

Application for approval of the Barrett Burston Malting Company Pty Ltd (Pinkenba) Enterprise Agreement 2017 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the Barrett Burston Malting Company Pty Ltd (Pinkenba) Enterprise Agreement 2017 - 2020 (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] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement was approved on 16 October 2018 and, in accordance with s.54, will operate from 23 October 2018. The nominal expiry date of the Agreement is 30 September 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Barrett Burston Malting Company Pty Ltd applied for approval of the Barrett Burston Malting Company Pty Ltd (Pinkenba) Enterprise Agreement 2017 - 2020. The applicant sought to have the agreement approved as a registered agreement under the Fair Work Act 2009. The dispute centred on the fairness and compliance of the agreement with the provisions of the Act, as well as its suitability for registration.

The primary legal issues the Commission had to address were whether the agreement was genuinely negotiated, if it met the requirements for a simple, clear, and concise document, and whether it contained any unfair content. The Commission also had to consider if the agreement was consistent with the provisions of the Fair Work Act, including those concerning the scope of the agreement, the parties involved, and the terms and conditions of employment. Moreover, the Commission needed to ensure that the agreement did not discriminate against any individual or group and complied with the overarching principles of the Act.

The Commission determined that the agreement was genuinely negotiated between the parties and met the requirements for a simple, clear, and concise document. It found that the agreement was free from any unfair content and was consistent with the provisions of the Fair Work Act. The Commission was satisfied that the agreement did not discriminate against any individual or group and complied with the overarching principles of the Act. Based on these findings, the Commission approved the agreement as a registered agreement under the Fair Work Act 2009. The applicant's application was successful, and the Barrett Burston Malting Company Pty Ltd (Pinkenba) Enterprise Agreement 2017 - 2020 was registered.

Barrett Burston Malting Company Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established