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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application by Baiada Farms Pty Ltd to have the Baiada Victoria Livestock Enterprise Agreement 2020 - 2024 approved. This agreement was proposed to govern the terms and conditions of employment for workers within Baiada Farms' Victoria livestock operations over the specified period. The dispute centred around whether the proposed agreement met the legal requirements for enterprise agreements under the Fair Work Act 2009. The Commission was tasked with determining if the agreement fairly reflected the terms and conditions of employment, was made in good faith, and complied with the statutory requirements for enterprise agreements.

The primary legal issues the Commission needed to address included whether the agreement was genuinely an enterprise agreement, if it had been made in good faith, and if it complied with the procedural requirements of the Fair Work Act. The Commission examined whether the agreement was made without any improper influence or coercion and whether it was made to avoid procedural requirements of the Act. Additionally, the Commission needed to assess if the agreement fairly reflected the terms and conditions of employment of the employees it covered.

The Fair Work Commission found that the Baiada Victoria Livestock Enterprise Agreement 2020 - 2024 met the legal criteria for approval. The Commission determined that the agreement was genuinely an enterprise agreement, made in good faith, and complied with the procedural requirements of the Fair Work Act. The Commission found no evidence of improper influence or coercion and concluded that the agreement fairly reflected the terms and conditions of employment. The Commission was satisfied that all procedural requirements were met, and the agreement was suitable for approval.

As a result, the Commission approved the Baiada Victoria Livestock Enterprise Agreement 2020 - 2024, effective from the date of the Commission's decision. This approval means that the terms and conditions outlined in the agreement will govern the employment of the relevant workers within Baiada Farms' Victoria livestock operations until the agreement expires or is terminated in accordance with the Fair Work Act.

Baiada Farms Pty Ltd

DECISION

Annexure A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established