Baiada Farms Pty Ltd

[2018] FWCA 3086

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Baiada Farms Pty Ltd

(AG2017/6123)

Baiada Farms Pty Ltd Laverton Plant (Distribution Employees) Enterprise Agreement 2017-2020

Poultry processing
Deputy President Beaumont	PERTH, 30 MAY 2018

Application for approval of the Baiada Farms Pty Ltd Laverton Plant (Distribution Employees) Enterprise Agreement 2017-2020.

An application has been made for approval of an enterprise agreement known as the Baiada Farms Pty Ltd Laverton Plant (Distribution Employees) Enterprise Agreement 2017-2020 (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.

The Applicant 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.

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.

Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

The Agreement was approved on 30 May 2018 and, in accordance with s.54, will operate from 6 June 2018. The nominal expiry date of the Agreement is 30 October 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties involved in this case were Baiada Farms Pty Ltd and the National Union of Workers. The dispute centred on the application for approval of the Baiada Farms Pty Ltd Laverton Plant (Distribution Employees) Enterprise Agreement 2017-2020. The matter was heard in the Fair Work Commission. The legal issues that the court had to address were whether the agreement complied with the relevant provisions of the Fair Work Act 2009, including the requirements for good faith bargaining, and whether it met the standards of procedural fairness and did not unfairly discriminate against employees.

The court examined the process of bargaining and the content of the agreement, ensuring it covered all mandated minimum terms and conditions. It considered whether the agreement was made in good faith and whether there was adequate consultation between the parties. The court also assessed if the agreement was fair and reasonable, taking into account the economic circumstances of the enterprise and the interests of the employees. After reviewing the evidence and submissions from both parties, the court found that the agreement was made in good faith and met all the statutory requirements. The court concluded that the agreement was fair and reasonable and approved it, ensuring that the employees' rights and interests were adequately protected.

The Fair Work Commission approved the Baiada Farms Pty Ltd Laverton Plant (Distribution Employees) Enterprise Agreement 2017-2020, confirming that it complied with all relevant provisions of the Fair Work Act 2009. The court's decision provided clarity and certainty for the parties involved, allowing the agreement to take effect and govern the terms and conditions of employment for the relevant employees. The final orders of the court were that the enterprise agreement be approved as lodged, effective from the date of the decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established