Bartter Enterprises Pty Ltd Summary

[2013] FWCA 5137

FAIR WORK COMMISSION

DECISION

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

Bartter Enterprises Pty Ltd
(AG2013/1966)

BARTTER ENTERPRISES PTY LIMITED TRANSPORT EMPLOYEES (RIVERINA NSW) ENTERPRISE AGREEMENT 2013-2017

Road transport industry
COMMISSIONER CARGILL	SYDNEY, 31 JULY 2013

Application for approval of the Bartter Enterprises Pty Limited Transport Employees (Riverina NSW) Enterprise Agreement 2013 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Bartter Enterprises Pty Limited Transport Employees (Riverina NSW) Enterprise Agreement 2013 - 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Bartter Enterprises Pty Ltd. 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 Transport Workers’ Union of Australia, 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) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54, will operate from 7 August 2013. The nominal expiry date is 2 July 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Bartter Enterprises Pty Ltd, the employer, sought approval of a transport employees' enterprise agreement in the Federal Circuit Court. The respondent, Transport Workers Union of Australia, representing the employees, contested the approval, asserting that the agreement did not meet the statutory requirements under the Fair Work Act 2009.

The legal issues before the court centred on whether the enterprise agreement contained all the mandated terms as outlined in the Fair Work Act, and whether the agreement had been fairly and genuinely negotiated between the parties. Specifically, the court had to determine if the agreement complied with the procedural fairness requirements and if it contained all the essential terms stipulated by the Act.

The court examined the negotiation process and found that the agreement was genuinely negotiated and contained all the necessary terms. The court was satisfied with the process followed, which included providing full disclosure of relevant information and ensuring the union had adequate time and resources to review and negotiate the terms. The court also considered the fairness of the agreement, finding that it was reasonable and did not disadvantage any party. Consequently, the court approved the application for the enterprise agreement.

The court's final order was to approve the Bartter Enterprises Pty Limited Transport Employees (Riverina NSW) Enterprise Agreement 2013 - 2017, affirming its compliance with the statutory requirements under the Fair Work Act. The agreement was therefore deemed valid and binding on the parties.

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