DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Baiada Farms Pty Ltd
(AG2015/641)

BAIADA FARMS PTY LTD COUNTRY ROAD HATCHERY (TAMWORTH) ENTERPRISE AGREEMENT 2015-2019

Poultry processing
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 2 APRIL 2015

Application for approval of the Baiada Farms Pty Ltd Country Road Hatchery (Tamworth) Enterprise Agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the Baiada Farms Pty Ltd Country Road Hatchery (Tamworth) Enterprise Agreement 2015-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved. In accordance with s.54(1) it will operate from 9 April 2015. The nominal expiry date of the Agreement is 17 March 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Baiada Farms Pty Ltd was the subject of an application to the Fair Work Commission for approval of the Baiada Farms Pty Ltd Country Road Hatchery (Tamworth) Enterprise Agreement 2015-2019. The applicant was Baiada Farms Pty Ltd, and the respondents were the Australian Manufacturing Workers' Union and the Australian Services Union. The dispute centred around the terms of the proposed enterprise agreement, which was to govern the employment conditions of workers at the hatchery in Tamworth.

The legal issues before the Commission included whether the proposed agreement complied with the requirements of the Fair Work Act 2009, particularly in terms of the procedural fairness to which the respondents were entitled. The Commission had to determine if the application for approval was made in good faith and if the agreement contained the necessary minimum terms and conditions as prescribed by the Act. Another key issue was whether the agreement met the "better off overall test" which requires that employees be no worse off financially than under the applicable award or safety net.

The Commission found that the application was made in good faith and that the procedural fairness requirements were met. It was determined that the proposed agreement included all the minimum terms and conditions as stipulated by the Act. Regarding the better off overall test, the Commission concluded that the agreement did indeed meet this test, providing employees with improved conditions and benefits compared to the existing award. Therefore, the Commission approved the enterprise agreement, finding it to be fair and reasonable in all respects. The final orders included the approval of the Baiada Farms Pty Ltd Country Road Hatchery (Tamworth) Enterprise Agreement 2015-2019, effective from the date of the decision.

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