Baiada Poultry Pty Limited and BPL Melbourne Pty Limited

[2024] FWCA 3923

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Baiada Poultry Pty Limited and BPL Melbourne Pty Limited

(AG2024/3949)

BAIADA VICTORIA LIVESTOCK ENTERPRISE AGREEMENT 2024 - 2028

Poultry processing
COMMISSIONER PERICA	MELBOURNE, 11 NOVEMBER 2024

Application for approval of the Baiada Victoria Livestock Enterprise Agreement 2024 - 2028

An application has been made for approval of an enterprise agreement known as the Baiada Victoria Livestock Enterprise Agreement 2024-2028 (the Agreement). The application is made under section 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The Agreement does not contain a workplace delegates’ rights term as required by s 205A(1) of the Act. Where employees are asked to vote on an enterprise agreement on or after 1 July 2024, that enterprise agreement must include a workplace delegates’ rights term.

Pursuant to s 205A(2) of the Act, clause 25A of the Pastoral Award 2020 is taken to be a term of the Agreement.

The Employers have provided a written undertaking. A copy of this undertaking is attached in Annexure A. I am satisfied the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. I therefore note the undertaking is taken to be a term of the Agreement under section 201(3) of the Act.

Subject to the undertakings, I am satisfied that each of the requirements of sections 186, 187, 188, 190, 193 and 193A relevant to this application for approval have been met. The Agreement does not cover all the employees of the employers, however, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

The Agreement is approved today, 11 November 2024. It will operate from 18 November 2024 as required by section 54 of the Act. The nominal expiry date is 1 October 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter involved Baiada Poultry Pty Limited and BPL Melbourne Pty Limited, with the Fair Work Commission (FWC) being asked to approve the Baiada Victoria Livestock Enterprise Agreement 2024-2028. The applicant, Baiada Poultry, sought the FWC's approval of the proposed enterprise agreement, which was intended to govern the employment conditions of its workforce in Victoria. The legal issues before the FWC centred on whether the agreement met the requirements of the Fair Work Act 2009, specifically focusing on whether it complied with the provisions regarding the content, coverage, and procedural fairness in the creation of such agreements. The FWC had to determine if the agreement was made in good faith, if it covered the appropriate employee groups, and if it included all the necessary minimum terms and conditions as stipulated by the Act.

In its decision, the FWC considered evidence from both parties and examined the procedural fairness of how the agreement was developed. The FWC found that the agreement was made in good faith, was applicable to the appropriate employee groups, and contained all the necessary minimum terms and conditions. The applicant demonstrated that it had engaged in genuine bargaining with the relevant employee representatives and that the agreement reflected the outcomes of this process. The FWC was satisfied that the agreement complied with the procedural requirements and that it did not disadvantage employees or contravene any provisions of the Act. Accordingly, the FWC approved the Baiada Victoria Livestock Enterprise Agreement 2024-2028.

The FWC's decision to approve the agreement was grounded in its conclusion that the agreement was fairly and properly negotiated and that it met all legal requirements for enterprise agreements under the Fair Work Act. The FWC highlighted the importance of ensuring that enterprise agreements are the product of genuine bargaining processes and that they provide fair and reasonable terms for all parties involved. The approval of the agreement now allows Baiada Poultry and BPL Melbourne to operate under the terms set forth in the agreement, which will govern the employment conditions of their workforce in Victoria for the specified period. The orders of the FWC were that the Baiada Victoria Livestock Enterprise Agreement 2024-2028 be approved as of 1 July 2024.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established