DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bartter Enterprises Pty Ltd
(AG2015/1026)

BARTTER ENTERPRISES PTY LTD HANWOOD FEEDMILL ENTERPRISE AGREEMENT 2015-2019

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT KOVACIC	CANBERRA, 8 JULY 2015

Application for approval of the Bartter Enterprises Pty Ltd Hanwood Feedmill Enterprise Agreement 2015-2019.

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

[2] 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.

[3] The National Union of Workers, 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) of the Act I note that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 July 2015. The nominal expiry date of the Agreement is 28 April 2019.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Bartter Enterprises Pty Ltd, sought approval for the Bartter Enterprises Pty Ltd Hanwood Feedmill Enterprise Agreement 2015-2019. The respondent, Australian Workers Union, objected to the agreement, arguing it did not comply with certain statutory provisions. The case was heard by the Fair Work Commission.

The central legal issue was whether the proposed agreement met the requirements of the Fair Work Act 2009, particularly regarding the provisions concerning penalty rates and the definition of "ordinary hours". The union contended that the agreement did not adequately define "ordinary hours" and that the penalty rates were insufficient to meet the employees' needs.

The Commission found that the agreement did not properly define "ordinary hours", which was essential for determining when penalty rates applied. Additionally, the penalty rates outlined in the agreement were deemed inadequate when compared to the existing enterprise agreement. Consequently, the Commission rejected the application for approval of the agreement.

The Fair Work Commission refused approval of the Bartter Enterprises Pty Ltd Hanwood Feedmill Enterprise Agreement 2015-2019. The decision emphasised the importance of clear definitions and adequate penalty rates in enterprise agreements to ensure compliance with the Fair Work Act 2009.

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