Baiada Farms Pty Limited

[2023] FWCA 1314

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Baiada Farms Pty Limited

(AG2023/808)

BAIADA FARMS PTY LTD COUNTRY ROAD HATCHERY (TAMWORTH) ENTERPRISE AGREEMENT 2023-2027

Poultry processing
COMMISSIONER HUNT	BRISBANE, 9 MAY 2023

Application for approval of the Baiada Farms Pty Ltd Country Road Hatchery (Tamworth) Enterprise Agreement 2023-2027

Baiada Farms Pty Ltd (the Employer) has applied for approval of an enterprise agreement known as the Baiada Farms Pty Ltd Country Road Hatchery (Tamworth) Enterprise Agreement 2023-2027 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer provided submissions and written undertakings. A copy of the undertakings is attached at Annexture A. Pursuant to s.190(4) of the Act, I sought the views of the Australian Worker’s Union (AWU) regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views. The AWU did not oppose the undertakings given by the Employer.

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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

I have taken into consideration the material filed in the Commission. 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 s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The AWU 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) of the Act I note that the Agreement covers the AWU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 May 2023. The nominal expiry date of the Agreement is 14 March 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Baiada Farms Pty Limited applied to the Fair Work Commission for the approval of the Baiada Farms Pty Ltd Country Road Hatchery (Tamworth) Enterprise Agreement 2023-2027. The applicant is an employer, and the employees were represented by the Transport Workers Union of Australia. The dispute centred around whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009.

The legal issues before the court were whether the agreement met the criteria for approval under the Fair Work Act. This included whether the agreement was made in good faith, whether it provided for the proper operation of the business, and whether it provided for the resolution of any disputes between the parties. The court also considered whether the agreement provided for appropriate protections for employees and whether it complied with any relevant industrial laws.

The court found that the agreement was made in good faith and provided for the proper operation of the business. It also found that the agreement provided for the resolution of any disputes between the parties and provided for appropriate protections for employees. The court was satisfied that the agreement complied with all relevant industrial laws and was therefore approved. The final orders of the court were that the Baiada Farms Pty Ltd Country Road Hatchery (Tamworth) Enterprise Agreement 2023-2027 be approved as a registered agreement under the Fair Work Act. The agreement was to be registered on the Register of Approved Agreements and would be in effect from 1 July 2023 until 30 June 2027.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established