Baiada Farms Pty Ltd

[2019] FWCA 4581

[2019] FWCA 4581

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Baiada Farms Pty Ltd
(AG2019/658)

BAIADA FARMS PTY LTD COUNTRY ROAD HATCHERY (TAMWORTH) ENTERPRISE AGREEMENT 2019-2023

Agricultural industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 1 JULY 2019

Application for approval of the Baiada Farms Pty Ltd Country Road Hatchery (Tamworth) Enterprise Agreement 2019-2023

[1] Baiada Farms Pty Ltd has made an application for approval of an enterprise agreement known as the Baiada Farms Pty Ltd Country Road Hatchery (Tamworth) Enterprise Agreement 2019-2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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] The Australian Workers’ Union being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 1 July 2019 and, in accordance with s 54, will operate from 8 July 2019. The nominal expiry date of the Agreement is 12 March 2023.

DEPUTY PRESIDENT

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Annexure A