DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Baiada Farms Pty Ltd
(AG2019/742)

BAIADA FARMS PTY LIMITED (TANON) ENTERPRISE AGREEMENT 2019-2022

Poultry processing
COMMISSIONER LEE	MELBOURNE, 4 APRIL 2019

Application for approval of the Baiada Farms Pty Limited (Tanon) Enterprise Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the Baiada Farms Pty Limited (Tanon) Enterprise Agreement 2019-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Baiada Farms Pty Ltd. 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, 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 National Union of Workers 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 April 2019. The nominal expiry date of the Agreement is 6 March 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Baiada Farms Pty Ltd, an employer, applied for approval of the Baiada Farms Pty Limited (Tanon) Enterprise Agreement 2019-2022. The application was made under section 231 of the Fair Work Act 2009. The dispute centred on the proposed terms and conditions of employment for the employees of Baiada Farms Pty Ltd. The Commission was tasked with determining whether the agreement met the requirements of the Act, including whether it provided for the safety and welfare of employees, and whether it was appropriately certified.

The legal issues before the Commission included whether the proposed agreement provided for fair and reasonable terms and conditions, including pay rates and allowances, and whether it adequately addressed the safety and welfare of employees. Additionally, the Commission considered whether the agreement had been appropriately certified by an independent certifier. The Commission also examined the process by which the agreement had been negotiated and the extent to which employees had been involved in the negotiation process.

In determining the application, the Commission considered the evidence and submissions provided by the parties. The Commission found that the proposed agreement provided for fair and reasonable terms and conditions, including pay rates and allowances, and that it adequately addressed the safety and welfare of employees. The Commission also found that the agreement had been appropriately certified and that the negotiation process had been conducted in a fair and reasonable manner. Accordingly, the Commission approved the proposed agreement, subject to certain minor modifications.

The final orders of the Commission were that the Baiada Farms Pty Limited (Tanon) Enterprise Agreement 2019-2022 be approved, subject to the modifications made by the Commission. The Commission also ordered that the agreement be registered with the Fair Work Commission and that it would come into effect on the date of the Commission's decision. The employer and employees were directed to take all necessary steps to give effect to 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