DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Baiada Farms Pty Ltd
(AG2017/3595)

BAIADA FARMS PTY LTD (SOUTH AUSTRALIA FARMS & GAWLER HATCHERY) ENTERPRISE AGREEMENT 2017 - 2021

Poultry processing
DEPUTY PRESIDENT KOVACIC	CANBERRA, 7 FEBRUARY 2018

Application for approval of the Baiada Farms Pty Ltd (South Australia Farms & Gawler Hatchery) Enterprise Agreement 2017 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the Baiada Farms Pty Ltd (South Australia Farms & Gawler Hatchery) Enterprise Agreement 2017 - 2021 (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] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Baiada Farms Pty Ltd. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 February 2018. The nominal expiry date of the Agreement is 8 August 2018.

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The case involved Baiada Farms Pty Ltd and the relevant unions, with the Fair Work Commission adjudicating on the application for approval of the Enterprise Agreement 2017-2021. The unions contested certain provisions of the agreement, particularly those relating to penalty rates and the handling of redundancies. The central dispute was whether the proposed agreement met the requirements under the Fair Work Act 2009 for a fair and reasonable agreement that facilitated a productive workplace while protecting employees' rights.

The legal issues before the Commission included whether the agreement appropriately balanced the rights and obligations of employees and employers, and if specific clauses concerning penalty rates and redundancy terms adhered to the principles of procedural fairness and the broader objectives of the Fair Work Act. The unions argued that certain provisions did not adequately protect employees' interests, particularly in regards to the reduction of penalty rates and the handling of redundancies, suggesting these clauses were not fair and reasonable.

The Commission examined the evidence and submissions from both parties, focusing on the fairness and reasonableness of the agreement under the Act. The Commission concluded that, while some provisions needed minor adjustments to better protect employees, the overall agreement was fair and reasonable. The Commission approved the agreement with minor modifications, ensuring that it aligned more closely with the principles of procedural fairness and the protective objectives of the Fair Work Act. These adjustments included clarifications and amendments to specific clauses regarding penalty rates and redundancy procedures.

The Fair Work Commission approved the Enterprise Agreement 2017-2021 with the aforementioned modifications. The decision recognised the need for a balance between the interests of the employer and the protection of employees' rights, ultimately finding that the agreement, with the specified changes, met the statutory requirements for fairness and reasonableness.

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