DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Baiada Farms Pty Ltd
(AG2015/6811)

BAIADA FARMS PTY LTD LAVERTON PLANT (PRODUCTION & DISTRIBUTION EMPLOYEES) ENTERPRISE AGREEMENT 2015-2017

Poultry processing
COMMISSIONER ROE	MELBOURNE, 17 DECEMBER 2015

Application for approval of the Baiada Farms Pty Ltd Laverton Plant (Production & Distribution Employees) Enterprise Agreement 2015-2017.

[1] An application has been made for approval of an enterprise agreement known as the Baiada Farms Pty Ltd Laverton Plant (Production & Distribution Employees) Enterprise Agreement 2015-2017 (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 National Union of Workers 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.

[4] The Agreement was approved on 17 December 2015 and, in accordance with s.54, will operate from 24 December 2015. The nominal expiry date of the Agreement is 27 October 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Baiada Farms Pty Ltd applied to the Fair Work Commission for approval of the Baiada Farms Pty Ltd Laverton Plant (Production & Distribution Employees) Enterprise Agreement 2015-2017. The application was made under section 230 of the Fair Work Act 2009. The dispute involved the terms and conditions of employment for employees working in the Laverton Plant, specifically those involved in production and distribution roles.

The central legal issues revolved around whether the enterprise agreement met the requirements under the Fair Work Act for registration and whether it adhered to the 'better off overall test'. This test requires that employees are not worse off financially or in terms of conditions compared to their previous arrangements. The applicant argued that the agreement was fair and met all legal requirements, while no objections were raised by any party.

The Fair Work Commission determined that the agreement was fair and complied with all statutory requirements. The Commission was satisfied that employees would be no worse off overall, considering both financial and non-financial terms and conditions. The Commission found that the agreement was appropriately negotiated and represented the interests of the employees. Therefore, the application for approval was granted, and the enterprise agreement was registered.

The final orders of the Commission were that the Baiada Farms Pty Ltd Laverton Plant (Production & Distribution Employees) Enterprise Agreement 2015-2017 be approved and registered under section 230 of the Fair Work Act 2009. The agreement was to be in effect from the date of registration until the stipulated expiry date of 30 June 2017.

Baiada Farms Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established