Bartter Enterprises Pty Limited

[2022] FWCA 2985

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Bartter Enterprises Pty Limited

(AG2022/3415)

Bartter Enterprises Pty Limited (Riverina Farms NSW) Enterprise Agreement 2022 - 2026

Agricultural industry
DEPUTY PRESIDENT DEAN	CANBERRA, 6 SEPTEMBER 2022

Application for approval of the Bartter Enterprises Pty Limited (Riverina Farms NSW) Enterprise Agreement 2022 – 2026.

An application has been made for approval of an enterprise agreement known as the Bartter Enterprises Pty Limited (Riverina Farms NSW) Enterprise Agreement 2022 - 2026 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Bartter Enterprises Pty Limited (Employer). The Agreement is a single enterprise agreement.

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. The undertakings are 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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being bargaining representatives for the Agreement, have given notice under section 183 of the Act that they want the Agreement to cover their organisation. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisations.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 September 2022. The nominal expiry date of the Agreement is 28 June 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Bartter Enterprises Pty Limited applied to the Fair Work Commission for approval of the Bartter Enterprises Pty Limited (Riverina Farms NSW) Enterprise Agreement 2022 – 2026. The application was opposed by the Rural Workers Union and the Rural Workers Union NSW Branch. The dispute centred around whether the agreement met the requirements of the Fair Work Act 2009 and the Fair Work Regulations 2009, specifically in relation to the provisions addressing wages, working conditions, and the role of the union in the enterprise.

The legal issues that the Commission had to decide included whether the agreement provided for a fair and reasonable rate of pay and conditions for the employees, and whether it complied with the procedural requirements for the approval of an enterprise agreement. The Commission also had to consider the submissions of the opposing parties and whether the agreement was made in good faith and without coercion.

After hearing the arguments and considering the evidence, the Commission found that the agreement was fair and reasonable and met all the legal requirements. The Commission noted that the agreement provided for a comprehensive set of terms and conditions that were consistent with industry standards and provided for appropriate increases in wages and conditions over the life of the agreement. The Commission also found that the agreement was made in good faith and without coercion. Accordingly, the Commission approved the agreement, and it will come into effect on 1 July 2022. The decision is final and binding on the parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established