Bartter Enterprises Pty Ltd

Case

[2022] FWCA 3647

19 OCTOBER 2022


[2022] FWCA 3647

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Bartter Enterprises Pty Ltd

(AG2022/4130)

BARTTER ENTERPRISES PTY LIMITED RIVERINA NSW (MAINTENANCE EMPLOYEES) ENTERPRISE AGREEMENT 2022 – 2026

Poultry processing

COMMISSIONER P RYAN

SYDNEY, 19 OCTOBER 2022

Application for approval of the Bartter Enterprises Pty Limited Riverina NSW (Maintenance Employees) Enterprise Agreement 2022 – 2026

  1. Bartter Enterprises Pty Ltd (Employer) has made an application for approval of an enterprise agreement known as the Bartter Enterprises Pty Limited Riverina NSW (Maintenance Employees) Enterprise Agreement 2022 – 2026 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.

Section 190 Undertakings

  1. The Employer provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

Section 186, 187, 188 and 190

  1. Subject to the undertakings referred to above, 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

  1. The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), each being a bargaining representative for the Agreement, have given notice under s.183 of the FW Act that they want the Agreement to cover them.

  1. In accordance with s.201(2) of the FW Act, I note that the Agreement covers the AMWU and the CEPU.

Approval

  1. The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 26 October 2022. The nominal expiry date of the Agreement is 13 September 2026.


COMMISSIONER

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