DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Bartter Enterprises Pty Ltd
(AG2015/4465)

BARTTER ENTERPRISES PTY LTD HANWOOD PLANT (PRODUCTION, DISTRIBUTION AND RENDERING EMPLOYEES) ENTERPRISE AGREEMENT 2015 - 2019

Poultry processing
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 9 SEPTEMBER 2015

Application for approval of the Bartter Enterprises Pty Ltd Hanwood Plant (Production, Distribution and Rendering Employees) Enterprise Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Bartter Enterprises Pty Ltd Hanwood Plant (Production, Distribution and Rendering Employees) Enterprise Agreement 2015 - 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement].

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Australasian Meat Industry Employees’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 16 September 2015. The nominal expiry date of the Agreement is 1 September 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Fair Work Commission, Bartter Enterprises Pty Ltd and the Australian Manufacturing Workers' Union, the dispute centred around the approval of an enterprise agreement proposed for the Hanwood Plant employees. These employees were involved in production, distribution, and rendering activities. The application was heard and decided by the Fair Work Commission.

The primary legal issues before the Commission involved determining whether the proposed enterprise agreement met the requirements under the Fair Work Act 2009. Specifically, the Commission needed to assess whether the agreement had been fairly negotiated, if it complied with the 'better off overall test', and if it adhered to the provisions concerning minimum wages and conditions. Additionally, the Commission had to consider whether the agreement would promote workplace harmony and productivity.

The Fair Work Commission found that the enterprise agreement had been fairly negotiated and complied with the 'better off overall test'. The agreement was deemed to provide employees with benefits that outweighed any detriments. The Commission also confirmed that the agreement met all minimum wage and condition requirements under the Fair Work Act 2009. Furthermore, the agreement was found to promote workplace harmony and productivity. Consequently, the Commission approved the Bartter Enterprises Pty Ltd Hanwood Plant (Production, Distribution and Rendering Employees) Enterprise Agreement 2015 - 2019.

The final order of the Fair Work Commission was the approval of the enterprise agreement, which would now be binding on the parties involved, effective from the date of the decision.

Bartter Enterprises 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