DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bartter Enterprises Pty Limited
(AG2019/1381)

BARTTER ENTERPRISES PTY LTD HANWOOD FEEDMILL ENTERPRISE AGREEMENT 2019-2022

Food, beverages and tobacco manufacturing industry
COMMISSIONER JOHNS	SYDNEY, 13 MAY 2019

Application for approval of the Bartter Enterprises Pty Ltd Hanwood Feedmill Enterprise Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the Bartter Enterprises Pty Ltd Hanwood Feedmill Enterprise Agreement 2019-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Bartter Enterprises Pty Limited. 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.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 May 2019. The nominal expiry date of the Agreement is 24 April 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Bartter Enterprises Pty Limited, an employer, and the National Union of Workers, representing employees of the Hanwood Feedmill. The dispute centred on the approval of the Enterprise Agreement for the period 2019-2022. The application for approval was lodged with the Fair Work Commission. The Commission was required to determine whether the agreement complied with the Fair Work Act 2009 and was in the interests of the employees.

The primary legal issue was whether the Enterprise Agreement met the requirements for approval under the Fair Work Act. This involved assessing if the agreement was made in good faith and without coercion, and if it provided for fair terms and conditions of employment. Additionally, the Commission had to determine if the agreement was in the best interests of the employees it covered, including whether it provided adequate protections and benefits.

In evaluating the agreement, the Commission examined the process by which it was negotiated and whether it involved genuine bargaining. It considered the terms of the agreement, including pay rates, conditions of employment, and dispute resolution mechanisms. The Commission also assessed the views of the employees and whether the agreement provided a fair balance of rights and obligations between the parties. Ultimately, the Commission found that the agreement was made in good faith, without coercion, and provided fair terms and conditions for the employees. It concluded that the agreement was in the best interests of the employees and approved it accordingly.

The Fair Work Commission approved the Bartter Enterprises Pty Ltd Hanwood Feedmill Enterprise Agreement 2019-2022. The approval was based on the finding that the agreement met all the legal requirements and was beneficial to the employees. The Commission's decision ensured that the agreement would govern the employment conditions for the specified period, providing a clear framework for both the employer and the employees.

Bartter Enterprises Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established