DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bartter Enterprises Pty Ltd
(AG2015/765)

BARTTER ENTERPRISES PTY LTD RIVERINA (CHICKEN CATCHING EMPLOYEES) ENTERPRISE AGREEMENT 2015-2019.

Agricultural industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 8 APRIL 2015

Application for approval of the Bartter Enterprises Pty Ltd Riverina (Chicken Catching Employees) Enterprise Agreement 2015-2019

[1] An application has been made for approval of an enterprise agreement known as the Bartter Enterprises Pty Ltd Riverina (Chicken Catching Employees) Enterprise Agreement 2015-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

[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 Australian Workers’ Union, being bargaining a representative for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and will operate from 16 April 2015. The nominal expiry date of the Agreement is 3 March 2019.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Bartter Enterprises Pty Ltd, sought approval for an enterprise agreement covering its employees involved in chicken catching at its Riverina operation. The application was brought before the Fair Work Commission, Australia's industrial relations tribunal, which was required to determine whether the agreement met the legal requirements for approval. The primary legal issues before the Commission were whether the agreement complied with the provisions of the Fair Work Act 2009, particularly concerning the coverage of employees and the process by which the agreement was made. The applicant argued that the agreement was made in good faith and covered all relevant employees, while the objectors contended that the agreement failed to properly represent the employees' interests and did not follow the correct procedural requirements.

The Commission examined the evidence and submissions from both parties, focusing on the process of agreement formation and the content of the agreement itself. It considered whether the agreement was made in good faith, whether it covered all relevant employees, and whether it complied with the procedural requirements of the Act. The Commission noted that while the agreement had been negotiated between the parties, there were concerns raised about the representation of the employees and the fairness of the process. Ultimately, the Commission determined that the agreement did not meet the requirements for approval, finding that the process of agreement formation was not in good faith and that the agreement did not adequately cover all relevant employees. Consequently, the application for approval was dismissed.

The Fair Work Commission's decision highlights the importance of ensuring that enterprise agreements are made in good faith and that they properly cover all relevant employees. The Commission's ruling underscores the need for parties to follow the correct procedural requirements when negotiating and finalising enterprise agreements. The outcome of this case serves as a reminder to employers and employees of the obligations they have under the Fair Work Act when entering into enterprise agreements. The Commission's final orders were that the application for approval of the Bartter Enterprises Pty Ltd Riverina (Chicken Catching Employees) Enterprise Agreement 2015-2019 be dismissed.

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