Baiada Poultry Pty Limited and BPL Melbourne Pty Limited

[2024] FWCA 3923

[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

1. 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.

1. 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.

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

1. 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.

1. 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.

1. 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

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Annexure A