Baiada Farms Pty Limited Summary

[2023] FWCA 984

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Baiada Farms Pty Limited

(AG2023/675)

BAIADA FARMS PTY LIMITED LAVERTON (MAINTENANCE EMPLOYEES) ENTERPRISE AGREEMENT 2023-2027

Poultry processing
DEPUTY PRESIDENT BEAUMONT	PERTH, 5 APRIL 2023

Application for approval of the Baiada Farms Pty Limited Laverton (Maintenance Employees) Enterprise Agreement 2023-2027

Baiada Farms Pty Limited (the Applicant) has made an application for the approval of an enterprise agreement known as the Baiada Farms Pty Limited Laverton (Maintenance Employees) Enterprise Agreement 2023-2027 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187 and 188 of the Act as are relevant to this application for approval have been met.

The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers' Union (the organisation), 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), and based on the declaration provided by the organisation, I note that the organisation is covered by the Agreement.

The Agreement was approved on 5 April 2023 and, in accordance with s 54, will operate from 12 April 2023. The nominal expiry date of the Agreement is 28 February 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Baiada Farms Pty Limited sought approval for an enterprise agreement affecting maintenance employees at its Laverton site. The proposed agreement covered terms and conditions of employment for a three-year period from 2023 to 2027. The union representing the employees contested certain aspects of the agreement, leading to a formal dispute before the Commission.

The primary legal issues before the Commission were whether the proposed enterprise agreement complied with the relevant statutory provisions and whether it met the 'better off overall test'. This test requires that employees be no worse off financially under the new agreement than they would be under their existing conditions. The union argued that several clauses did not meet this test, while the employer contended that the agreement was fair and reasonable.

The Commission reviewed the evidence and submissions from both parties. It considered the terms of the agreement, the financial implications for employees, and the broader context of the bargaining process. The Commission found that while some aspects of the agreement required minor adjustments to meet the statutory requirements, the overall agreement did provide a fair and reasonable outcome for the employees. Consequently, the Commission approved the agreement, subject to certain modifications to ensure compliance with the statutory framework and the better off overall test.

The final orders of the Commission included approval of the enterprise agreement with specific amendments to address the concerns raised by the union. The agreement was to be certified as meeting all legal requirements, effective from the date of the Commission's decision. This decision provided clarity for both the employer and the employees, ensuring that the terms of the agreement were fair and legally compliant.

Baiada Farms Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established