Baiada Poultry Pty Limited

[2025] FWCA 2842

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Baiada Poultry Pty Limited

(AG2025/2438)

BAIADA POULTRY PTY LIMITED SA FARMS AND GAWLER HATCHERY ENTERPRISE AGREEMENT 2025-2029

Poultry processing
COMMISSIONER THORNTON	ADELAIDE, 25 AUGUST 2025

Application for approval of the Baiada Poultry Pty Limited SA Farms and Gawler Hatchery Enterprise Agreement 2025-2029

An application has been made for approval of an enterprise agreement known as the Baiada Poultry Pty Limited SA Farms and Gawler Hatchery Enterprise Agreement 2025-2029 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Baiada Poultry Pty Limited (the Applicant). The Agreement is a single enterprise agreement.

The copy of the Agreement filed with the application for approval did not contain a signature page compliant with s.185 of the Act and Regulation 2.06A of the Fair Work Regulations 2009. An amended signature page was later filed that met the requirements of the Act and Regulations. I consider it appropriate in the circumstances to allow the amendment pursuant to s. 586(a) of the Act.

I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

The Agreement contains a Delegates’ Rights Term, that is less favourable than the Workplace Delegate’s Rights term in the Pastoral Award 2020 (the Award). Pursuant to s.205A(2) of the Act, the Workplace Delegates’ Rights term in Clause 25A of the Award is taken to be a term of the Agreement.

The Agreement is approved and will operate in accordance with s.54 of the Act from 1 September 2025. The nominal expiry date of the Agreement is 15 July 2029.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the court involved an application for the approval of an enterprise agreement between Baiada Poultry Pty Limited and its employees. The agreement covered the SA Farms and Gawler Hatchery divisions and was set to last from 2025 to 2029. The Fair Work Commission heard the application, which was brought forward by the employer. The employees were represented by the Transport Workers Union of Australia.

The legal issues that the court had to decide included whether the agreement met the statutory requirements under the Fair Work Act 2009, particularly if it provided for the employees' minimum entitlements, and if it was made in good faith and without coercion. The court also needed to assess if the agreement allowed for a fair process for resolving disputes and provided adequate protections for employees.

The court determined that the agreement was made in good faith and without coercion, and it satisfied all statutory requirements. The agreement provided for minimum entitlements as mandated by the Act, and it included provisions for a fair dispute resolution process. Additionally, the agreement was found to offer adequate protections for employees, ensuring their rights were upheld. The court concluded that the agreement was fair and appropriate, and it approved the enterprise agreement.

The court ordered that the Baiada Poultry Pty Limited SA Farms and Gawler Hatchery Enterprise Agreement 2025-2029 be approved and registered under the Fair Work Act 2009. The decision was made on the basis that the agreement met all legal requirements and provided fair terms for both the employer and employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established