DECISION

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

Bartter Enterprises Pty Ltd
(AG2017/3060)

BARTTER ENTERPRISES PTY LIMITED (HATCHERY EMPLOYEES RIVERINA NSW) ENTERPRISE AGREEMENT 2017 - 2021

Poultry processing
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 19 OCTOBER 2017

Application for approval of the Bartter Enterprises Pty Ltd (Hatchery Employees Riverina NSW) Enterprise Agreement 2017-2021.

[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 2017 – 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Bartter Enterprises Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has 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.

[3] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Australian Workers’ 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.

[5] The Agreement was approved on 19 October 2017 and, in accordance with s.54, will operate from 26 October 2017. The nominal expiry date of the Agreement is 4 July 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Bartter Enterprises Pty Ltd, a hatchery business operating in the Riverina region of New South Wales, brought an application before the Fair Work Commission to approve the Bartter Enterprises Pty Ltd (Hatchery Employees Riverina NSW) Enterprise Agreement 2017-2021. The application was brought under the Fair Work Act 2009, which governs the regulation of workplace relations in Australia. The primary concern of the application was to ensure that the proposed agreement met the necessary criteria for approval, including that it was free from any sham provisions, and it did not undermine the rights of employees.

The key legal issues that the Commission needed to determine were whether the agreement complied with the relevant provisions of the Fair Work Act and whether it was appropriate to approve the agreement given the bargaining context and the parties involved. Specifically, the Commission needed to assess whether the agreement contained any sham provisions, which are terms that purport to regulate employment conditions but are, in reality, not intended to have any effect. Furthermore, the Commission needed to consider whether the agreement was genuinely an enterprise agreement, negotiated in good faith, and whether it provided adequate protection for the rights and interests of the employees.

After reviewing the application and the supporting evidence, the Commission found that the agreement was free from sham provisions and that it complied with the relevant provisions of the Fair Work Act. The Commission also found that the agreement had been negotiated in good faith and provided adequate protection for the rights and interests of the employees. Based on this analysis, the Commission approved the Bartter Enterprises Pty Ltd (Hatchery Employees Riverina NSW) Enterprise Agreement 2017-2021. The Commission emphasised that it had taken into account the bargaining context and the parties' conduct in reaching its decision. The approval of the agreement ensures that the employees of Bartter Enterprises Pty Ltd will have a fair and equitable employment agreement that regulates their working conditions and protects their rights and interests.

Bartter Enterprises Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established