Bartter Enterprises Pty Ltd
[2023] FWCA 2339
•27 JULY 2023
| [2023] FWCA 2339 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Bartter Enterprises Pty Ltd
(AG2023/2406)
BARTTER ENTERPRISES PTY LTD IPSWICH PLANT (DISTRIBUTION EMPLOYEES) ENTERPRISE AGREEMENT 2023 - 2027
| Poultry processing | |
| DEPUTY PRESIDENT WRIGHT | SYDNEY, 27 JULY 2023 |
Application for approval of the Bartter Enterprises Pty Ltd Ipswich Plant (Distribution Employees) Enterprise Agreement 2023 - 2027
Introduction
Bartter Enterprises Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Bartter Enterprises Pty Ltd Ipswich Plant (Distribution Employees) Enterprise Agreement 2023 - 2027 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
Transitional arrangements under the Secure Jobs, Better Pay amendment
The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023.
Under transitional arrangements, amendments made by Part 14 of Schedule 1 to the Amending Act in relation to genuine agreement requirements for agreement approval applications apply where the notification time for the agreement was on or after 6 June 2023. The genuine agreement provisions in Part 2-4 of the Fair Work Act, as it was just before 6 June 2023, continue to apply in relation to agreement approval applications where the notification time for the agreement was before 6 June 2023. The notification time for the Agreement was before 6 June 2023.
Under transitional arrangements, amendments made by Part 16 of Schedule 1 to the Amending Act in relation to the better off overall test requirements for agreement approval applications apply where the agreement was made on or after 6 June 2023. The better off overall test provisions in Part 2-4 of the Fair Work Act, as it was just before 6 June 2023, continue to apply in relation to agreement approval applications where the agreement was made before 6 June 2023. The Agreement was made on 3 July 2023.
Notice of Employee Representational Rights (NERR)
The NERR was issued when Steggles Pty Ltd was the relevant employer. On 3 April 2023, the Employer issued a letter to employees explaining that employees would be employed by their site’s operating entity instead of their current standalone employer entity. Subsequently on 26 June 2023, Steggles Pty Ltd ceased to be the employer and Bartter Enterprises Pty Ltd became the employer.
I am satisfied having regard to the decision of the Full Bench in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others,[1] that the Employer’s error in not providing an amended NERR with the correct employer name constituted a minor procedural or technical error for the purposes of s.188(2)(a) of the Act, and that the employees covered by the Agreement were not likely to have been disadvantaged by the error.
Section 186, 187, 188 and 190
I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.
Section 183 Bargaining Representatives
The Australasian Meat Industry Employees Union (AMIEU) 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 AMIEU.
Approval
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 August 2023. The nominal expiry date of the Agreement is 4 July 2027.
DEPUTY PRESIDENT
[1] [2019] FWCFB 318.
Printed by authority of the Commonwealth Government Printer
<AE520913 PR764665>
0
0
0