Baiada Farms Pty Ltd

[2020] FWCA 6944

[2020] FWCA 6944

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Baiada Farms Pty Ltd
(AG2020/3459)

BAIADA VICTORIA LIVESTOCK ENTERPRISE AGREEMENT 2020 - 2024

Agricultural industry
DEPUTY PRESIDENT YOUNG	MELBOURNE, 21 DECEMBER 2020

Application for approval of the Baiada Victoria Livestock Enterprise Agreement 2020 - 2024.

[1] Baiada Farms Pty Ltd has made an application for approval of an enterprise agreement known as the Baiada Victoria Livestock Enterprise Agreement 2020 - 2024 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement. I am satisfied that the two employers, Baiada Farms Pty Ltd and BPL Melbourne Pty Ltd (the Employer), constitute a single interest employer for the purpose of s 172(5). The Agreement is a single-enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application, the accompanying statutory declaration, and the additional information provided by the Employer, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] I observe that clause 14.4.5(b) of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 4.3 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement was approved on 21 December 2020 and, in accordance with s 54, will operate from 28 December 2020. The nominal expiry date of the Agreement is 3 November 2024.

DEPUTY PRESIDENT

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<AE509901  PR725698>

Annexure A