Bartter Enterprises Pty Ltd

[2013] FWCA 4952

FAIR WORK COMMISSION

DECISION

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

Bartter Enterprises Pty Ltd
(AG2013/1961)

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

Agricultural industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 22 JULY 2013

Application for approval of the Bartter Enterprises Pty Limited (Hatchery 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 (Hatchery 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).

[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 The Australian Workers’ Union (AWU), 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 29 July 2013. The nominal expiry date of the Agreement is 2 July 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Bartter Enterprises Pty Ltd, sought approval of an enterprise agreement under the Fair Work Act 2009. The agreement in question, titled Hatchery Employees Riverina NSW Enterprise Agreement 2013-2017, was intended to regulate employment terms and conditions for employees of the company's hatchery operations in the Riverina region of New South Wales. The application was heard by the Fair Work Commission, with the decision ultimately being a matter of statutory interpretation and procedural correctness.

The primary legal issues before the Commission were whether the application process had been conducted in accordance with the requirements of the Fair Work Act and whether the agreement itself met the necessary standards for approval. The Commission had to determine if the application was properly lodged and if the agreement provided for the mandatory terms and avoided unacceptable terms as defined by the Act. Furthermore, the Commission needed to consider whether the agreement had been made in good faith and if it provided for a fair and efficient workplace.

The Fair Work Commission found that the application was appropriately lodged, and the agreement was largely compliant with the statutory requirements. However, there were minor procedural issues that needed to be addressed. The Commission noted that while the agreement covered the required mandatory terms, there were some provisions that could potentially lead to confusion or misinterpretation among employees. After considering submissions from both parties and relevant legal principles, the Commission concluded that the agreement was fair and efficient overall. The Commission made minor amendments to the agreement to address the identified issues before approving the enterprise agreement.

In its decision, the Fair Work Commission approved the Hatchery Employees Riverina NSW Enterprise Agreement 2013-2017, subject to the minor amendments made during the hearing. These amendments ensured that the agreement complied with the statutory requirements and would provide for a fair and efficient workplace. The approval was granted, allowing the enterprise agreement to come into effect and regulate the employment terms and conditions of the relevant employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established