DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Baiada Farms Pty Ltd T/A Baiada Select Poultry
(AG2017/1681)

BAIADA FARMS PTY LIMITED (TAMWORTH FARMS & COOK STREET HATCHERY) ENTERPRISE AGREEMENT 2017 - 2021

Poultry processing
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 1 JUNE 2017

Application for approval of the Baiada Farms Pty Limited (Tamworth Farms & Cook Street Hatchery) Enterprise Agreement 2017 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the Baiada Farms Pty Limited (Tamworth Farms & Cook Street 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 T/A Baiada Select Poultry. The agreement is a single enterprise agreement.

[2] 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.

[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 Agreement was approved on 1 June 2017 and, in accordance with s.54, will operate from 8 June 2017. The nominal expiry date of the Agreement is 2 May 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the court involved Baiada Farms Pty Ltd, trading as Baiada Select Poultry, and its application for the approval of the Baiada Farms Pty Limited (Tamworth Farms & Cook Street Hatchery) Enterprise Agreement 2017-2021. The application was brought before the Fair Work Commission to determine if the agreement complied with the necessary legal requirements and could be registered as an enterprise agreement under the Fair Work Act 2009. The decision was made by the Commission, which examined whether the agreement met the procedural and substantive requirements for approval.

The primary legal issues the court had to address were whether the agreement was made in good faith and if it adhered to the relevant provisions of the Fair Work Act. The court also had to consider if the agreement contained the necessary minimum terms and conditions as required by the Act and if it was made without any coercion or pressure. Furthermore, the court examined if the agreement was appropriately certified by an independent certifier and if the required process was followed in its making.

The court's reasoning focused on the analysis of the agreement's content and the process through which it was made. It was determined that the agreement was made in good faith and without coercion, and that it contained all the necessary minimum terms and conditions as required by the Fair Work Act. The court also found that the agreement was certified by an independent certifier and that the required process was followed in its making. Based on these findings, the court concluded that the agreement was compliant with the necessary legal requirements and approved the Baiada Farms Pty Limited (Tamworth Farms & Cook Street Hatchery) Enterprise Agreement 2017-2021.

Baiada Farms Pty Ltd T/A Baiada Select Poultry

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established