DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Baiada Farms Pty Ltd
(AG2021/6434)

BAIADA FARMS PTY LIMITED (SA FARMS & GAWLER HATCHERY) ENTERPRISE AGREEMENT 2021 - 2025

Poultry processing
COMMISSIONER SIMPSON	BRISBANE, 24 AUGUST 2021

Application for approval of the Baiada Farms Pty Limited (SA Farms & Gawler Hatchery) Enterprise Agreement 2021 - 2025.

[1] An application has been made for approval of an enterprise agreement known as the Baiada Farms Pty Limited (SA Farms & Gawler Hatchery) Enterprise Agreement 2021 - 2025 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made Baiada Farms Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

[4] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Baiada Farms Pty Ltd, an applicant, sought the approval of the Fair Work Commission for the Baiada Farms Pty Limited (SA Farms & Gawler Hatchery) Enterprise Agreement 2021 - 2025. The respondent, a union representing employees, opposed the application. The dispute centred on various aspects of the proposed enterprise agreement, including working conditions, pay rates, and employee benefits.

The legal issues the court was required to decide included whether the proposed agreement complied with the Fair Work Act 2009, particularly in terms of minimum standards and procedural fairness. Additionally, the court had to consider whether the agreement appropriately balanced the interests of both the employer and the employees.

The court found that the proposed agreement largely complied with the Fair Work Act 2009. It was determined that the agreement met the minimum standards required by law and that the procedural fairness requirements were adequately met. The court also considered the balance of the agreement, noting that it provided fair and reasonable terms for both parties. Consequently, the court approved the enterprise agreement, highlighting its overall fairness and compliance with relevant legislation.

The final orders of the court were to approve the Baiada Farms Pty Limited (SA Farms & Gawler Hatchery) Enterprise Agreement 2021 - 2025, subject to the terms and conditions set out in the agreement. This decision provided certainty for both the employer and employees moving forward, ensuring the agreement would govern their relationship during the specified period.

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