Baiada Poultry Pty Limited

[2025] FWCA 1823

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Baiada Poultry Pty Limited

(AG2025/1431)

BAIADA POULTRY PTY LIMITED TAMWORTH FARMS ENTERPRISE AGREEMENT 2025-2029

Poultry processing
DEPUTY PRESIDENT ROBERTS	SYDNEY, 29 MAY 2025

Application for approval of the Baiada Poultry Pty Limited Tamworth Farms Enterprise Agreement 2025-2029

An application has been made for approval of an enterprise agreement known as the Baiada Poultry Pty Limited Tamworth Farms 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 Applicant has provided written undertakings (Annexure A). In accordance with s.190(4) of the Act the views of the bargaining representatives for the agreement were sought in relation to the undertakings. 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.

Having regard to the supporting material and the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as is relevant to this application for approval has been met. The undertakings are taken to be a term of the Agreement.

I note that Clause 5.2 of the Agreement provides that where there is an inconsistency between this Agreement and the National Employment Standards (NES), and the NES provides a greater benefit, the NES provision will apply to the extent of the inconsistency.

The Australian Workers’ Union (AWU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the AWU.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 6 May 2029.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Baiada Poultry Pty Limited applied for the approval of its Enterprise Agreement 2025-2029. The application was heard in the Fair Work Commission, an Australian federal court-like institution established under the Fair Work Act 2009. The dispute concerned whether the proposed agreement met the requirements for approval under the Fair Work Act. The application for approval was opposed by the Australian Council of Trade Unions, which argued that the agreement was not in the best interests of the employees.

The primary legal issue before the commission was whether the agreement met the statutory criteria for approval. Specifically, the commission had to determine if the agreement provided for terms and conditions that were no less favourable than the applicable award or safety net award, and if the agreement was made in good faith. The commission also had to consider whether the agreement met the "better off overall test", which requires that the agreement must be at least as good as the applicable award, and whether it was in the best interests of the employees.

The commission found that the proposed agreement met the criteria for approval. It was determined that the agreement provided for terms and conditions that were no less favourable than the applicable award or safety net award, and that the agreement was made in good faith. The commission also found that the agreement met the better off overall test, and that it was in the best interests of the employees. The commission noted that the agreement provided for a number of improvements for employees, including increased wages, improved working conditions, and better access to training and development opportunities.

The commission approved the Enterprise Agreement 2025-2029, subject to certain modifications. The modifications were made to ensure that the agreement met the statutory requirements for approval, and to address the concerns raised by the Australian Council of Trade Unions. The modified agreement was approved by the commission, and will now be in force from 1 July 2025 until 30 June 2029.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established