Application by Bartter Enterprises Pty Ltd
Citation: [2026] FWCA 2238
What happened
Bartter Enterprises Pty Ltd, operating as Riverina Farms NSW, sought approval from the Fair Work Commission for a new enterprise agreement. The agreement, titled Bartter Enterprises Pty Limited (Riverina Farms NSW) Enterprise Agreement 2026 – 2030, covers employees in the poultry processing industry. Concerns were raised about whether the agreement met the 'better off overall test'. The Australian Workers Union (AWU) was a bargaining representative and supported the agreement’s approval.
What was decided
The Fair Work Commission approved the Bartter Enterprises Pty Ltd enterprise agreement. Deputy President Slevin was satisfied the agreement met the requirements of the Fair Work Act 2009, including the 'better off overall test'. The Applicant provided undertakings to address concerns, which were accepted by the AWU. The agreement will operate from 25 August 2026 and expire on 30 June 2030. The AWU will be covered by the agreement.
What it means for employers
Employers seeking to implement enterprise agreements must ensure they pass the 'better off overall test'. This involves demonstrating employees will be better off than under their current award or agreement. Addressing concerns proactively with undertakings can facilitate approval.
What it means for employees
Employees covered by the agreement will receive the terms and conditions outlined in the Bartter Enterprises Pty Limited (Riverina Farms NSW) Enterprise Agreement 2026 – 2030. The AWU will be covered by the agreement.
Want this applied to your situation?
Reading the decision is free. FairWork Mate goes further — it reads the full case library and applies precedents like this one to your specific facts, citing the cases as it reasons. General information, not a guaranteed outcome or legal advice.
Every statement above is drawn from the published decision. Read the original here:
https://www.fwc.gov.au/documents/decisionssigned/pdf/2026fwca2238.pdfWant more cases like this?
FairWork Mate tracks Fair Work Ombudsman, Fair Work Commission and Federal Court decisions across Australia. The AI advisor answers plain-English questions grounded on the full corpus — awards cited, industry, penalty amounts and affected employee counts — with a citation to the underlying decision on every answer.
Individual case summaries on this site are free. The full FWC and Federal Court library behind every advisor answer is on Pro.
FairWork Mate AI
This is one decision. Pro reads all of them.
Free case pages cite the top 250 decisions. Pro opens the full Fair Work Commission and Federal Court library, cross-references your own situation against it, and cites the decision behind every answer — plus document upload, so it can read your letter or contract line by line. 150 questions a month, cancel anytime.
Just need today sorted? A Day Pass is 25 questions over 24 hours. No account, nothing to cancel.
Get notified on new Fair Work cases
Free email alerts when we publish new underpayment decisions, penalty orders, and workplace law updates.
Free forever. No spam. Unsubscribe anytime.
This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections