Baiada Farms Pty Ltd
[2022] FWCA 684
•28 FEBRUARY 2022
| [2022] FWCA 684 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Baiada Farms Pty Ltd
(AG2022/118)
Baiada Farms Pty Ltd Laverton Plant (Production and Distribution Employees) Enterprise Agreement 2021-2023
| Agricultural industry | |
| DEPUTY PRESIDENT YOUNG | MELBOURNE, 28 FEBRUARY 2022 |
Application for approval of the Baiada Farms Pty Ltd Laverton Plant (Production and Distribution Employees) Enterprise Agreement 2021-2023
Baiada Farms Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Baiada Farms Pty Ltd Laverton Plant (Production and Distribution Employees) Enterprise Agreement 2021-2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.
The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and 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, and on the basis of the material contained in the application, and the accompanying statutory declaration, 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 seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.
The Agreement was approved on 28 February 2022 and, in accordance with s 54, will operate from 7 March 2022. The nominal expiry date of the Agreement is 29 October 2023.
DEPUTY PRESIDENT
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Annexure A
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