BARTTER ENTERPRISES PTY LIMITED (QUEENSLAND FARMS) ENTERPRISE AGREEMENT 2026 - 2030

Application for approval of the Bartter Enterprises Pty Limited (Queensland Farms) Enterprise Agreement 2026 - 2030

[1] This decision deals with an application made for approval of an enterprise agreement known as the Bartter Enterprises Pty Limited (Queensland Farms) Enterprise Agreement 2026 - 2030 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Bartter Enterprises Pty Limited (the Applicant). The Agreement is a single enterprise agreement.

[2] The Notice of Employee Representational Rights (NERR) distributed to employees appears to have a different name for the Agreement to that which was eventually made. However, I am satisfied that the Agreement would have been genuinely agreed to but for the minor procedural departure from the prescribed form requirements of the NERR under s.174(1A) of the Act and that the employees covered by the Agreement were not likely to have been disadvantaged by this. Accordingly, I exercise the discretion conferred by s.188(5) of the Act.[1]

[3] The Agreement contains a delegates' rights term that is no less favourable than the modern award in most respects except for the number of days of paid union training provided. Subject to certain pre-requisites, the Award provides for an allowance of five (5) days training per delegate for initial training and a further one (1) day per year thereafter but providing for a delegate for each 50 employees. The Agreement provides for five (5) days per annum in total for up to two (2) delegates. The United Workers' Union (UWU) submits that the five (5) days every year provided in the Agreement is more favourable than the one (1) day training the Award provides for delegates each year after their five (5) days of initial training. Whilst I note the Award provides for a delegate for each 50 employees, having regard to the Applicant's declaration which demonstrates employee numbers well under 50, I am satisfied that the provision for two (2) delegates under the Agreement for five (5) days every year, is more favourable than the term in the Award and therefore the Agreement provisions will have full effect.

[4] On the basis of the material contained in the application and accompanying declarations, having regard to the Statement of Principles,[2] I am satisfied that each requirement of ss.186, 187 and 188 as is relevant to this application for approval has been met.

[5] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

• Clause 31.8.1 - Carer's leave.

However, noting clause 5.2 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The UWU lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the UWU.

[7] The Agreement is approved and will operate in accordance with s.54 of the Act from 17 April 2026. The nominal expiry date of the Agreement is 10 March 2030.

[1] Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others [2019] FWCFB 318 [117].

[2] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

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