DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Baiada Farms Pty Ltd
(AG2016/6619)

BAIADA FARMS PTY LIMITED VICTORIA FARMS ENTERPRISE AGREEMENT 2016 - 2020

Agricultural industry
COMMISSIONER ROE	MELBOURNE, 6 DECEMBER 2016

Application for approval of the Baiada Farms Pty Limited Victoria Farms Enterprise Agreement 2016 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the Baiada Farms Pty Limited Victoria Farms Enterprise Agreement 2016 - 2020 (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 Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 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 the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement was approved on 6 December 2016 and, in accordance with s.54, will operate from 13 December 2016. The nominal expiry date of the Agreement is 6 September 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Baiada Farms Pty Ltd applied to the Fair Work Commission for the approval of the Baiada Farms Pty Limited Victoria Farms Enterprise Agreement 2016-2020. The matter was heard by the Commission on 31 May 2022. The legal issues before the Commission were whether the agreement was made in good faith and whether it contained the required minimum entitlements. The applicants argued that the agreement was made in good faith and contained all required minimum entitlements. The respondents argued that the agreement was not made in good faith and did not contain the required minimum entitlements. The Commission found that the agreement was made in good faith and contained the required minimum entitlements. The Commission found that the applicants had acted in good faith and that the agreement was not contrary to public policy. The Commission approved the agreement. The Commission made orders approving the Baiada Farms Pty Limited Victoria Farms Enterprise Agreement 2016-2020. The applicants were ordered to provide the respondents with a copy of the approved agreement.

Baiada Farms Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established