Bartter Enterprises Pty Ltd

[2014] FWCA 4247

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bartter Enterprises Pty Ltd
(AG2014/1529)

BARTTER ENTERPRISES PTY LIMITED (RIVERINA FARMS NSW) ENTERPRISE AGREEMENT 2014-2018

Agricultural industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 27 JUNE 2014

Application for approval of the Bartter Enterprises Pty Limited (Riverina Farms NSW) Enterprise Agreement 2014 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Bartter Enterprises Pty Limited (Riverina Farms NSW) Enterprise Agreement 2014 - 2018 (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 a bargaining 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 4 July 2014. The nominal expiry date of the Agreement is 10 June 2018.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Bartter Enterprises Pty Ltd and the Fair Work Commission. The dispute arose from an application for the approval of the Bartter Enterprises Pty Limited (Riverina Farms NSW) Enterprise Agreement 2014-2018. The Fair Work Commission was tasked with determining whether the agreement should be approved under the Fair Work Act 2009.

The central legal issue before the court was whether the enterprise agreement met the criteria for approval under the Act, specifically focusing on the procedural fairness in the agreement's formation and its substantive fairness in terms of the rights and obligations of the parties. The court had to consider if the agreement was genuinely negotiated and whether it contained terms that were fair and reasonable.

The Fair Work Commission found that the agreement had been negotiated in good faith and that it contained terms that were fair and reasonable. The court noted that the agreement included provisions for dispute resolution, workplace flexibility, and other standard terms typically found in enterprise agreements. The Commission was satisfied that the agreement had been formed through a process that adhered to procedural fairness and that the substantive terms did not disadvantage any party unduly. Consequently, the Commission approved the enterprise agreement.

The Fair Work Commission approved the Bartter Enterprises Pty Limited (Riverina Farms NSW) Enterprise Agreement 2014-2018. The agreement was to be registered and would operate from the date of the approval decision, ensuring that it would govern the employment terms and conditions between the parties for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established