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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Barrett Burston Malting Company Pty Ltd (Geelong) Enterprise Agreement 2019 was the subject of an application for approval in the Fair Work Commission. The dispute involved the company, Barrett Burston Malting Company, and its employees, represented by the Australian Manufacturing Workers' Union. The primary issue was whether the enterprise agreement met the necessary requirements under the Fair Work Act 2009 for approval and registration.

The legal issues the court had to address included whether the agreement contained all the mandated minimum terms and conditions, whether it was made in good faith, and if it complied with the Fair Work Act's provisions for enterprise agreements. The court also had to consider whether the agreement was in the best interests of the employees and if it provided a fair and effective means of resolving workplace issues.

The Fair Work Commission determined that the Barrett Burston Malting Company Pty Ltd (Geelong) Enterprise Agreement 2019 was compliant with the Fair Work Act. The court found that the agreement contained all the required minimum terms and conditions, was made in good faith, and was in the best interests of the employees. The agreement was deemed to provide a fair and effective means of resolving workplace issues. Therefore, the application for approval was granted, and the enterprise agreement 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