Baiada Poultry Pty Limited Summary

[2025] FWCA 1232

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Baiada Poultry Pty Limited

(AG2025/860)

BAIADA POULTRY PTY LIMITED PENDLE HILL SHOP EMPLOYEES ENTERPRISE AGREEMENT 2025-2029

Poultry processing
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 14 APRIL 2025

Application for approval of the Baiada Poultry Pty Limited Pendle Hill Shop Employees Enterprise Agreement 2025-2029

An application has been made for approval of an enterprise agreement known as the Baiada Poultry Pty Limited Pendle Hill Shop Employees Enterprise Agreement 2025-2029 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

Section 205A(1) of the Act provides that an enterprise agreement must include a delegates’ rights term for workplace delegates to whom the agreement applies. The Agreement does not contain a delegates’ rights term. Pursuant to subsection 205A(2)(b) of the Act, the delegates’ rights term contained in the General Retail Industry Award 2020 is taken to be a term of the Agreement.

The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 21 April 2025. The nominal expiry date of the Agreement is 25 March 2029.

The Australasian Meat Industry Employees Union (AMIEU), being a bargaining representative for the Agreement, has given notice to the Fair Work Commission that it wants the Agreement to cover it. In accordance with s 201(2) of the Act, I note that the Agreement covers the AMIEU.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

Baiada Poultry Pty Limited recently applied for the approval of its Pendle Hill Shop Employees Enterprise Agreement 2025-2029. This application was before the Fair Work Commission. The agreement in question pertains to the terms and conditions of employment for employees at Baiada Poultry's Pendle Hill shop. The central issue was whether the proposed agreement met the legal requirements for registration under the Fair Work Act 2009.

The legal issues before the Commission involved assessing the agreement's compliance with the procedural and substantive requirements outlined in the Fair Work Act. Procedurally, the Commission examined whether proper consultation and bargaining processes were followed. Substantively, the Commission evaluated whether the terms of the agreement were fair and reasonable, including considerations such as minimum wage rates, leave entitlements, and other employment conditions.

In determining the matter, the Commission considered evidence provided by Baiada Poultry and other relevant submissions. It assessed the procedural fairness of the agreement's formation and its substantive content against the legal benchmarks. Ultimately, the Commission found the agreement to be compliant with the necessary legal standards. It approved the Pendle Hill Shop Employees Enterprise Agreement 2025-2029, confirming its registration.

Baiada Poultry Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established