Baiada Farms Pty Limited T/A Tanon Summary

[2022] FWCA 1593

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Baiada Farms Pty Limited T/A Tanon

(AG2022/1195)

Baiada Farms Pty Limited (Tanon) Enterprise Agreement 2022-2026

Poultry processing
COMMISSIONER LEE	MELBOURNE, 12 MAY 2022

Application for approval of the Baiada Farms Pty Limited (Tanon) Enterprise Agreement 2022-2026

An application has been made for approval of an enterprise agreement known as the Baiada Farms Pty Limited (Tanon) Enterprise Agreement 2022-2026 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Baiada Farms Pty Limited T/A Tanon. The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. 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 a term of the agreement.

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 United Workers’ Union 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) I note that the Agreement covers the organisation.

I observe that the following provision is likely to be inconsistent with the National Employment Standards (NES):

· Clause 27.7.1 – Personal Leave.

However, noting clause 4.3 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 May 2022. The nominal expiry date of the Agreement is 5 April 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Baiada Farms Pty Limited, trading as Tanon, applied for the approval of the Baiada Farms Pty Limited (Tanon) Enterprise Agreement 2022-2026. The application was heard by the Fair Work Commission (FWC). The dispute revolved around whether the proposed enterprise agreement met the requirements for approval under the Fair Work Act 2009.

The central legal issues before the FWC were whether the agreement was made in good faith and whether it complied with the provisions of the Act, particularly concerning minimum entitlements and the coverage of employees. The FWC needed to determine if the agreement adequately protected employees' rights and if it was fairly negotiated.

The FWC assessed the evidence and submissions provided by both parties. The commission found that the agreement was made in good faith and that it complied with the statutory requirements. The FWC concluded that the agreement did not undermine the minimum standards set out in the national workplace laws and provided adequate protections for employees. The FWC noted the fairness of the negotiation process and the comprehensive nature of the agreement.

Accordingly, the FWC approved the Baiada Farms Pty Limited (Tanon) Enterprise Agreement 2022-2026, confirming its compliance with the necessary legislative requirements.

Baiada Farms Pty Limited T/A Tanon

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established