DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Baiada Farms Pty Ltd
(AG2021/5144)

BAIADA FARMS PTY LIMITED COOK STREET HATCHERY ENTERPRISE AGREEMENT 2021-2025

Poultry processing
DEPUTY PRESIDENT BOYCE	SYDNEY, 28 MAY 2021

Application for approval of the Baiada Farms Pty Limited Cook Street Hatchery Enterprise Agreement 2021-2025.

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

[2] The Employer has provided written undertakings dated 25 May 2021. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Pastoral Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

[3] The following employee organisation (which was a bargaining representative for the Agreement), has given notice under s.183 of the Act that they want to be covered by the Agreement:

The Australian Workers’ Union (AWU).

[4] In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

[5] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[6] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 June 2021. The nominal expiry date of the Agreement is 4 May 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Baiada Farms Pty Ltd was the applicant seeking approval of the Baiada Farms Pty Limited Cook Street Hatchery Enterprise Agreement 2021-2025. The application was heard in the Fair Work Commission. The nature of the dispute involved the terms and conditions of employment for the workers at the Cook Street Hatchery. The legal issues centred on whether the agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the court had to determine if the agreement provided for fair and reasonable terms and conditions, and if it was consistent with the objectives of the Act.

The court examined the contents of the agreement and considered submissions from both parties. It evaluated the provisions for wages, hours of work, leave entitlements, and other conditions of employment. The court also assessed whether the agreement provided for the genuine and meaningful participation of employees in the decision-making process. After considering the evidence and arguments, the court found that the agreement did provide for fair and reasonable terms and conditions of employment and was consistent with the objectives of the Fair Work Act. The court was satisfied that the agreement met the criteria for approval.

The court approved the Baiada Farms Pty Limited Cook Street Hatchery Enterprise Agreement 2021-2025. This decision ensures that the workers at the Cook Street Hatchery are covered by an agreement that provides for fair and reasonable terms and conditions of employment, consistent with the objectives of the Fair Work Act. The agreement is now legally binding on the parties and will govern the employment relationship between Baiada Farms and the employees at the Cook Street Hatchery for the period specified in the 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