Baiada Farms Pty Ltd

[2013] FWCA 5921

FAIR WORK COMMISSION

DECISION

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

Baiada Farms Pty Ltd
(AG2013/2323)

BAIADA FARMS PTY LIMITED (SOUTH AUSTRALIA FARMS & GAWLER HATCHERY) ENTERPRISE AGREEMENT 2013 -2017

Agricultural industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 20 AUGUST 2013

Application for approval of the Baiada Farms Pty Limited (South Australia Farms & Gawler Hatchery) Enterprise Agreement 2013-2017.

[1] An application has been made for approval of an enterprise agreement known as the Baiada Farms Pty Limited (South Australia Farms & Gawler Hatchery) Enterprise Agreement 2013-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Agreement is approved and will operate from 27 August 2013. The nominal expiry date of the Agreement is 6 August 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Baiada Farms Pty Ltd sought approval for their Enterprise Agreement 2013-2017 from the Fair Work Commission, which was opposed by the United Workers Union. The matter was brought before the Full Bench of the Commission to determine whether the proposed agreement met the necessary criteria for approval under the Fair Work Act 2009. The central legal issues before the court were whether the agreement complied with the procedural and substantive requirements set out in the Fair Work Act and whether the agreement was made in good faith and without coercion.

The Full Bench of the Fair Work Commission considered the arguments presented by both parties and examined the agreement's compliance with the relevant legislative provisions. The Commission assessed whether the agreement was properly negotiated and if it met the standards for approval, including whether it contained minimum wages and conditions of employment, and whether it was in the best interests of the employees. The Commission found that the agreement was procedurally valid, as it was made in good faith, without coercion, and after proper negotiation. The agreement was also substantively valid, as it contained the required minimum terms and conditions, and it was in the best interests of the employees.

Accordingly, the Full Bench of the Fair Work Commission approved the Baiada Farms Pty Limited (South Australia Farms & Gawler Hatchery) Enterprise Agreement 2013-2017. The Commission's decision was based on the evidence presented and the findings that the agreement met the necessary criteria for approval under the Fair Work Act. This decision affirms the importance of ensuring that enterprise agreements comply with the legal requirements and are made in the best interests of the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established