Bartter Enterprises Pty Limited Summary

[2025] FWCA 2454

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s 185—Enterprise agreement

Bartter Enterprises Pty Limited

(AG2025/2186)

BARTTER ENTERPRISES PTY LIMITED WA PLANT MAINTENANCE EMPLOYEES ENTERPRISE AGREEMENT 2025-2029

Poultry processing
COMMISSIONER LIM	PERTH, 24 JULY 2025

Application for approval of the Bartter Enterprises Pty Limited WA Plant Maintenance Employees Enterprise Agreement 2025-2029.

Bartter Enterprises Pty Limited (the Applicant) has made an application for the approval of an enterprise agreement known as the Bartter Enterprises Pty Limited WA Plant Maintenance Employees Enterprise Agreement 2025-2029 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187 and 188 of the Act as are relevant to this application for approval have been met.

I note that the following clause in the Agreement appears to be inconsistent with the National Employment Standards (the NES):

(a)Clause 31.8.1 provides that an employee where practicable must give the Company prior to the absence of the intention to take carer’s leave. If it is not practicable to give notice prior to absence the employee shall notify the company at the first opportunity on the day of absence. This is inconsistent with s 107 of the Act, which provides for notice to be given as soon as practicable (which may be a time after the leave has started).

However, I am satisfied that under clause 5.2 of the Agreement, the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers’ Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the organisations), being bargaining representatives for the Agreement, have given notice under s 183 of the Act that they wants the Agreement to cover them. In accordance with s 201(2), and based on the declaration provided by the organisations, I note that the organisations are covered by the Agreement.

The Agreement was approved on 24 July 2025 and, in accordance with s 54, will operate from 31 July 2025. The nominal expiry date of the Agreement is 24 June 2029.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Bartter Enterprises Pty Limited applied to the Fair Work Commission for approval of the Bartter Enterprises Pty Limited WA Plant Maintenance Employees Enterprise Agreement 2025-2029. The application was opposed by the Australian Manufacturing Workers Union, which argued that the proposed agreement did not meet the requirements of the Fair Work Act 2009. The legal issues before the Commission included whether the agreement contained terms that were in breach of the Act and whether the agreement had been made in accordance with the procedural requirements of the Act.

The Commission found that the proposed agreement did not contain any terms that were in breach of the Act. However, the Commission also found that the agreement had not been made in accordance with the procedural requirements of the Act. The Commission noted that the agreement had not been made through a genuine process of negotiation between the employer and the employees, as required by section 174 of the Act. The Commission further found that the employer had not taken reasonable steps to ensure that the agreement was made in accordance with the procedural requirements of the Act. As a result, the Commission refused to approve the proposed agreement.

The Fair Work Commission refused to approve the proposed agreement on the basis that it had not been made in accordance with the procedural requirements of the Fair Work Act 2009. The Commission found that the employer had not taken reasonable steps to ensure that the agreement was made through a genuine process of negotiation between the employer and the employees, as required by section 174 of the Act. The Commission also noted that the agreement contained terms that were not in breach of the Act, but that this was not sufficient to overcome the procedural defects in the agreement. The Commission refused to approve the proposed agreement and ordered that it be returned to the parties for further negotiation and revision.

Bartter Enterprises Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established