Baiada Poultry Pty Limited

[2024] FWCA 4121

[2024] FWCA 4121

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Baiada Poultry Pty Limited

(AG2024/4067)

BAIADA POULTRY PTY LTD TAMWORTH PLANT (PRODUCTION AND DISTRIBUTION EMPLOYEES) ENTERPRISE AGREEMENT 2024-2028

Poultry processing
DEPUTY PRESIDENT ROBERTS	SYDNEY, 26 NOVEMBER 2024

Application for approval of the Baiada Poultry Pty Ltd Tamworth Plant (Production and Distribution Employees) Enterprise Agreement 2024-2028

1. An application has been made for approval of an enterprise agreement known as the Baiada Poultry Pty Ltd Tamworth Plant (Production and Distribution Employees) Enterprise Agreement 2024-2028 (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.

1. After receipt of the application, I raised a concern with the Applicant in relation to the Notice of Employee Representational Rights (NERR) that was issued to employees who would be covered by the Agreement. The NERR referred to the employees covered by the proposed agreement as those at the Tamworth plant ‘who perform duties covered by this agreement.’ The Applicant submitted that the employees who received the NERR were those covered by a current enterprise agreement, the Baiada Poultry Pty Ltd Tamworth Plant (Production and Distribution) Enterprise Agreement 2020-2024 and were employed in classifications under that agreement. The Applicant said that the proposed agreement was effectively a replacement agreement for the current agreement and one which largely replicates the coverage and classifications of the current agreement. I am satisfied in the circumstances that the reference in the NERR to ‘this agreement’ is a minor technical error for the purposes of s.188(5) and that the employees were not likely to have been disadvantaged by the error. I propose to disregard the error under s.188(5).    

1. 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.

1. Subject to 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.

1. 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.

1. The Agreement does not provide for a delegates’ rights clause as required by s.205A(1) of the Act. In accordance with s.201(1A), I note that clause 26A, Workplace delegates’ rights, in the Poultry Processing Award 2020 is to be taken to be a term of the Agreement.

1. The Australasian Meat Industry Employees Union (AMIEU) 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 AMIEU.

1. The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 1 October 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE526889  PR781662>

Annexure A