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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Baiada Farms Pty Ltd sought approval of a new enterprise agreement for its Country Road Hatchery in Tamworth. The application was made to the Fair Work Commission. The agreement in question was for the period 2019 to 2023 and sought to regulate the terms and conditions of employment for employees at the hatchery. The primary concern was whether the agreement met the requirements of the Fair Work Act 2009 and was in the best interests of the employees.

The key legal issues were whether the agreement was a "certified agreement" under the Fair Work Act, and whether it was made in good faith. Additionally, the court had to consider if the agreement provided fair and reasonable terms and conditions for the employees, and if it complied with the procedural requirements set out in the Fair Work Act. The court also needed to ensure that the agreement did not undermine the right of employees to be represented by a union or to bargain collectively.

The Fair Work Commission found that the agreement was a certified agreement as it met all the necessary requirements under the Fair Work Act. The Commission was satisfied that the agreement was made in good faith, and that it provided fair and reasonable terms and conditions for the employees. The Commission further found that the agreement did not undermine the right of employees to be represented by a union or to bargain collectively. Consequently, the Commission approved the Baiada Farms Pty Ltd Country Road Hatchery (Tamworth) Enterprise Agreement 2019-2023.

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