Bayntun and Co Pty Ltd

[2016] FWCA 2955

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Bayntun and Co Pty Ltd

(AG2016/2549)

BAYNTUN AND CO PTY LTD ENTERPRISE AGREEMENT 2016

Agricultural industry

COMMISSIONER ROE

MELBOURNE, 12 MAY 2016

Application for approval of the Bayntun and Co Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the

Bayntun and Co Pty Ltd Enterprise Agreement 2016 (the Agreement). The application was

made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Bayntun and

Co 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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair

Work Regulations 2009 is taken to be a term of the Agreement.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work

Regulations 2009 is taken to be a term of the Agreement.
[2016] FWCA 2955

[6] The Agreement was approved on 12 May 2016 and, in accordance with s.54, will

operate from 19 May 2016. The nominal expiry date of the Agreement is 12 May 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

[2016] FWCA 2955

Annexure A

[2016] FWCA 2955

CaseChat Overview and Summary

Bayntun and Co Pty Ltd applied for the approval of the Bayntun and Co Pty Ltd Enterprise Agreement 2016 under section 185 of the Fair Work Act 2009. The application was heard by Commissioner Roe in Melbourne on 12 May 2016. The applicant provided written undertakings, which were deemed satisfactory by the Commissioner. The agreement in question is a single enterprise agreement for the agricultural industry.

The legal issues before the court were whether the agreement complied with sections 186, 187, 188, and 190 of the Fair Work Act 2009. The Commissioner found that the agreement met these requirements, subject to the written undertakings provided by the applicant. The court also determined that the model consultation term and the model flexibility term prescribed by the Fair Work Regulations 2009 should be included as terms of the agreement.

The Commissioner was satisfied that the written undertakings provided by the applicant would not cause financial detriment to any employee covered by the agreement and would not result in substantial changes to the agreement. The Commissioner also found that the agreement met the requirements of sections 186, 187, 188, and 190 of the Fair Work Act 2009, subject to the written undertakings provided by the applicant. The agreement was approved on 12 May 2016 and will operate from 19 May 2016, with a nominal expiry date of 12 May 2020.

This case highlights the importance of providing written undertakings to ensure compliance with the Fair Work Act 2009 and the Fair Work Regulations 2009. It also demonstrates the role of the Fair Work Commission in approving enterprise agreements that meet the requirements of the Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established