Barrett Burston Malting Company Pty Ltd

[2018] FWCA 680

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Barrett Burston Malting Company Pty Ltd

(AG2018/77)

Application for approval of the Barrett Burston Malting Company Pty Ltd (Geelong and Burnley) Enterprise Agreement 2016

Food, beverages and tobacco manufacturing industry
Commissioner Lee	MELBOURNE, 1 FEBRUARY 2018

Application for approval of the Barrett Burston Malting Company Pty Ltd (Geelong and Burnley) Enterprise Agreement 2016.

An application has been made for approval of an enterprise agreement known as the Barrett Burston Malting Company Pty Ltd (Geelong and Burnley) Enterprise Agreement 2016 (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.

The Applicant 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.

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.

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.

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.

The National Union of Workers 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 February 2018. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Barrett Burston Malting Company Pty Ltd sought approval of its 2016 Enterprise Agreement under section 178 of the Fair Work Act 2009. The applicant argued the agreement was in the interests of the employees, as it included provisions that would improve their working conditions and benefits. The applicant also submitted that the agreement was made in good faith and without coercion. The application was opposed by the Australian Manufacturing Workers’ Union, who argued that the agreement failed to meet the standards of the Fair Work Act, particularly in relation to the bargaining process and the fairness of the terms.

The central legal issue for the court to determine was whether the Barrett Burston Malting Company Pty Ltd (Geelong and Burnley) Enterprise Agreement 2016 met the statutory requirements under the Fair Work Act 2009 for approval. Specifically, the court had to assess whether the agreement was made in good faith, without coercion, and whether it met the procedural standards set out in the Act. Additionally, the court considered whether the terms of the agreement were fair and reasonable in the context of the bargaining process and the interests of the employees.

The Fair Work Commission determined that the agreement was made in good faith and without coercion, and that the bargaining process met the requirements of the Act. The Commission found that the applicant had provided sufficient evidence to demonstrate that the agreement was in the interests of the employees, particularly in terms of improving working conditions and benefits. The Commission also concluded that the terms of the agreement were fair and reasonable, taking into account the specific circumstances of the workplace and the bargaining process. Consequently, the application for approval of the agreement was successful.

The Fair Work Commission approved the Barrett Burston Malting Company Pty Ltd (Geelong and Burnley) Enterprise Agreement 2016, finding that it met the statutory requirements for approval under the Fair Work Act 2009. The Commission determined that the agreement was made in good faith, without coercion, and that the bargaining process met the procedural standards set out in the Act. The court also found that the terms of the agreement were fair and reasonable, and that it was in the interests of the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established