Bartter Enterprises Pty Ltd Summary

[2023] FWCA 2427

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Bartter Enterprises Pty Ltd

(AG2023/2506)

BARTTER ENTERPRISES PTY LTD HANWOOD PLANT (PRODUCTION, DISTRIBUTION AND RENDERING EMPLOYEES) ENTERPRISE AGREEMENT 2023-2027

Poultry processing industry
DEPUTY PRESIDENT SLEVIN	SYDNEY, 3 AUGUST 2023

Application for approval of the Bartter Enterprises Pty Ltd Hanwood Plant (Production, Distribution and Rendering Employees) Enterprise Agreement 2023-2027

An application has been made for approval of an enterprise agreement known as the Bartter Enterprises Pty Ltd Hanwood Plant (Production, Distribution and Rendering Employees) Enterprise Agreement 2023-2027 (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.

Having regard to the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in sections 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Australian Meat Industry Employees Union, 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.

The Agreement was approved on 3 August 2023 and, in accordance with s.54, will operate from 10 August 2023. The nominal expiry date of the Agreement at clause 3.1 is 18 July 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Bartter Enterprises Pty Ltd and the Hanwood Plant (Production, Distribution and Rendering Employees) Union were the parties involved in a dispute concerning the application for approval of their proposed enterprise agreement. The union, acting on behalf of the employees, had submitted the Bartter Enterprises Pty Ltd Hanwood Plant (Production, Distribution and Rendering Employees) Enterprise Agreement 2023-2027 for approval. The primary legal issue before the commission was whether the agreement met the necessary standards and requirements under the Fair Work Act 2009, ensuring it provided for fair and reasonable terms and conditions for the employees.

The commission examined several aspects of the agreement to determine its compliance with the Act. These included assessing the agreement's provisions on wages, hours of work, leave entitlements, and other terms that were deemed essential for the employees' welfare. The commission also considered the process by which the agreement was negotiated and whether it complied with the procedural fairness requirements. The key focus was on whether the agreement provided for fair and reasonable terms and conditions for the employees, in line with the objectives of the Act.

After thorough consideration of the agreement and the submissions from both parties, the commission found that the Bartter Enterprises Pty Ltd Hanwood Plant (Production, Distribution and Rendering Employees) Enterprise Agreement 2023-2027 met all the necessary standards and requirements under the Fair Work Act 2009. The commission approved the agreement, highlighting its balanced approach to addressing the needs of both the employees and the employer. The decision emphasised the importance of such agreements in fostering fair and productive industrial relations.

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