Baiada Farms Pty Ltd Summary

[2022] FWCA 684

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Baiada Farms Pty Ltd

(AG2022/118)

Baiada Farms Pty Ltd Laverton Plant (Production and Distribution Employees) Enterprise Agreement 2021-2023

Agricultural industry
DEPUTY PRESIDENT YOUNG	MELBOURNE, 28 FEBRUARY 2022

Application for approval of the Baiada Farms Pty Ltd Laverton Plant (Production and Distribution Employees) Enterprise Agreement 2021-2023

Baiada Farms Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Baiada Farms Pty Ltd Laverton Plant (Production and Distribution Employees) Enterprise Agreement 2021-2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, and on the basis of the material contained in the application, and the 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.

The United Workers' Union, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. 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 28 February 2022 and, in accordance with s 54, will operate from 7 March 2022. The nominal expiry date of the Agreement is 29 October 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Baiada Farms Pty Ltd sought approval of an enterprise agreement, the Baiada Farms Pty Ltd Laverton Plant (Production and Distribution Employees) Enterprise Agreement 2021-2023. The applicant, a company involved in the poultry processing industry, aimed to finalise and implement the agreement with its employees. The matter was heard in the Fair Work Commission, Australia's workplace relations tribunal.

The legal issues before the Commission were whether the enterprise agreement complied with the requirements of the Fair Work Act 2009 and whether the agreement was fairly and genuinely negotiated. Specifically, the Commission had to determine if the agreement contained all necessary minimum terms, was free from prohibited content, and was made in good faith. Additionally, the Commission assessed whether the requisite majority of employees had supported the agreement through a valid vote.

The Commission found that the agreement met all statutory requirements. It contained all the minimum terms prescribed by the Fair Work Act and was free from prohibited content. The Commission was satisfied that the agreement had been fairly and genuinely negotiated, evidenced by the participation of employee representatives and the existence of a valid vote. The majority of employees had voted in favour of the agreement, which was conducted fairly and in accordance with the Act. Consequently, the Commission approved the enterprise agreement, confirming its compliance with all legislative criteria.

As a result of the Commission's approval, the Baiada Farms Pty Ltd Laverton Plant (Production and Distribution Employees) Enterprise Agreement 2021-2023 is now formally recognised and enforceable under the Fair Work Act. The agreement will govern the employment conditions of the relevant employees for the specified period.

Baiada Farms Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established