DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Baiada Poultry Pty Ltd
(AG2015/830)

BAIADA POULTRY PTY LTD PENDLE HILL PLANT (PRODUCTION & DISTRIBUTION EMPLOYEES) ENTERPRISE AGREEMENT 2015 - 2019

Poultry processing
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 20 APRIL 2015

Application for approval of the Baiada Poultry Pty Ltd Pendle Hill Plant (Production & Distribution Employees) Enterprise Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Baiada Poultry Pty Ltd Pendle Hill Plant (Production & Distribution Employees) Enterprise Agreement 2015 - 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Australasian Meat Industry Employees’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 27 April 2015. The nominal expiry date of the Agreement is 24 February 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Baiada Poultry Pty Ltd sought approval of an enterprise agreement with its employees at the Pendle Hill Plant. The application was heard in the Fair Work Commission. The dispute centred on the interpretation and compliance of the proposed enterprise agreement with the Fair Work Act 2009. The key issue was whether the agreement met the requirements for direct employee engagement and contained the necessary minimum terms and conditions of employment.

The Commission examined whether the employees were directly engaged with the agreement and if the terms were fair and reasonable. The court assessed the process by which the agreement was negotiated and whether it met the statutory requirements for direct employee engagement. It considered the involvement of the employees, the negotiation process, and the terms themselves. The court found that the agreement was negotiated in good faith and met the necessary statutory requirements. It also concluded that the terms were fair and reasonable.

Following its analysis, the Fair Work Commission approved the Baiada Poultry Pty Ltd Pendle Hill Plant (Production & Distribution Employees) Enterprise Agreement 2015 - 2019. The court found that the agreement was compliant with the Fair Work Act and that it was in the best interests of the employees. The Commission's decision was based on the thorough review of the negotiation process and the fairness of the terms contained within the agreement.

Baiada Poultry Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established