Bartter Enterprises Pty Ltd Summary

[2014] FWCA 7674

FAIR WORK COMMISSION

DECISION

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

Bartter Enterprises Pty Ltd
(AG2014/7940)

BARTTER ENTERPRISES PTY LTD RIVERINA NSW (MAINTENANCE EMPLOYEES) ENTERPRISE AGREEMENT 2014 - 2017

Manufacturing and associated industries
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 30 OCTOBER 2014

Application for approval of the Bartter Enterprises Pty Ltd Riverina NSW (Maintenance Employees) Enterprise Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as Bartter Enterprises Pty Ltd Riverina NSW (Maintenance Employees) Enterprise Agreement 2014-2017 (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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. As required by s.201(2) I note that the Agreement covers these organisations.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 6 November 2014. The nominal expiry date of the Agreement is 3 September 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Bartter Enterprises Pty Ltd recently came before the Fair Work Commission in an application for the approval of the Bartter Enterprises Pty Ltd Riverina NSW (Maintenance Employees) Enterprise Agreement 2014-2017. The application was made by Bartter Enterprises Pty Ltd, the employer, under section 234 of the Fair Work Act 2009. The dispute centered around the terms and conditions of employment for maintenance employees at Bartter's Riverina NSW operations, including wages, working hours, leave provisions, and other employment-related matters. The Fair Work Commission was tasked with determining whether the enterprise agreement met the requirements of the Fair Work Act and whether it was fair and reasonable.

The primary legal issues the Commission needed to address were whether the agreement contained the necessary "protected action" provisions, whether it provided for the appropriate minimum terms and conditions, and whether the agreement had been genuinely negotiated between the employer and the employees. Additionally, the Commission considered whether the agreement provided for adequate dispute resolution mechanisms and if it included provisions for good faith bargaining. The Commission also had to assess if the agreement was in line with the statutory objectives of the Fair Work Act, including promoting high levels of employment and avoiding industrial action.

In reaching its decision, the Fair Work Commission examined the terms of the agreement in detail, considering submissions from both Bartter Enterprises Pty Ltd and the employees' representatives. The Commission found that the agreement contained the necessary protected action provisions and that it provided for the appropriate minimum terms and conditions, in line with the Fair Work Act. The Commission also determined that the agreement had been genuinely negotiated and included adequate dispute resolution mechanisms. Furthermore, the Commission was satisfied that the agreement aligned with the statutory objectives of the Fair Work Act, including promoting high levels of employment and avoiding industrial action. Consequently, the Commission approved the Bartter Enterprises Pty Ltd Riverina NSW (Maintenance Employees) Enterprise Agreement 2014-2017.

The Fair Work Commission's final orders included the approval of the enterprise agreement, effective from the date of the decision. The Commission's approval ensures that the agreement will govern the employment conditions of maintenance employees at Bartter's Riverina NSW operations for the specified period. This decision provides clarity and legal certainty for both the employer and the employees, ensuring that their employment terms are governed by a legally approved agreement.

Bartter Enterprises Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established