The Partnership of Artemis Agriculture Pty Ltd & David D. Menzel & Karen F. Menzel T/A BTS Packing Shed Summary

[2019] FWCA 6943

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

The Partnership of Artemis Agriculture Pty Ltd & David D. Menzel & Karen F. Menzel T/A BTS Packing Shed

(AG2018/2373)

BTS Enterprise Agreement 2018

Agricultural industry
Commissioner McKinnon	MELBOURNE, 8 OCTOBER 2019

Application for approval of the BTS Enterprise Agreement 2018.

Further to my decision in BTS Packing Shed & Ors[1], application has been made for approval of a single enterprise agreement known as the BTS Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by The Partnership of Artemis Agriculture Pty Ltd & David D. Menzel & Karen F. Menzel T/A BTS Packing Shed.

Written undertakings have been given in accordance with s.190 of the Act. 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 terms of the Agreement.

With the undertakings referred to above, and for the reasons outlined in BTS Packing Shed & Ors, 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 is approved and, in accordance with s.54 of the Act, will operate from 15 October 2019. The nominal expiry date of the Agreement is 7 October 2023.

COMMISSIONER

Annexure A

[1] [2019] FWC 6905.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Partnership of Artemis Agriculture Pty Ltd and David D. Menzel and Karen F. Menzel, trading as BTS Packing Shed, filed an application for the approval of the BTS Enterprise Agreement 2018 before the Fair Work Commission. The agreement was submitted as a single, certified enterprise agreement. The primary dispute centred around the compliance of the agreement with the relevant legislative provisions and the procedural fairness in its negotiation and certification. The Fair Work Commission was tasked with determining whether the agreement met all statutory requirements and if the negotiation process was conducted in accordance with the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement contained all the necessary prescribed terms, if the agreement was certified correctly, and if the process leading to its certification was fair. Specifically, the Commission examined whether the agreement included terms that addressed all mandated prescribed pay and conditions, the proper identification of the parties involved, and the adherence to procedural fairness. Additionally, the Commission assessed whether the agreement was genuinely negotiated and if it was certified by an independent certifier.

The Commission found that the agreement complied with all statutory requirements and that the certification process was fair and proper. The Commission determined that the agreement included all necessary prescribed terms and was correctly certified by an independent certifier. The negotiation process was deemed to be genuine, with all relevant parties having an opportunity to participate. The Commission concluded that the application for approval of the BTS Enterprise Agreement 2018 should be granted.

The Fair Work Commission approved the BTS Enterprise Agreement 2018, effective from the date of the decision. The agreement was registered and will govern the employment conditions of the employees covered by the agreement.

The Partnership of Artemis Agriculture Pty Ltd & David D. Menzel & Karen F. Menzel T/A BTS Packing Shed

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established