Baiada Poultry Pty Ltd Summary

[2013] FWCA 7902

FAIR WORK COMMISSION

DECISION

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

Baiada Poultry Pty Ltd
(AG2013/2917)

BAIADA POULTRY PTY LIMITED TAMWORTH PLANT MAINTENANCE EMPLOYEES ENTERPRISE AGREEMENT 2013 - 2017

Manufacturing and associated industries
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 10 OCTOBER 2013

Application for approval of the Baiada Poultry Pty Limited Tamworth Plant Maintenance Employees Enterprise Agreement 2013 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Baiada Poultry Pty Limited Tamworth Plant Maintenance Employees Enterprise Agreement 2013 - 2017 (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 Agreement is approved. In accordance with s.54(1) it will operate from 17 October 2013. The nominal expiry date of the Agreement is10September 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Baiada Poultry Pty Ltd applied to the Fair Work Commission for approval of the Baiada Poultry Pty Limited Tamworth Plant Maintenance Employees Enterprise Agreement 2013-2017. The Australian Manufacturing Workers' Union and the United Voice union opposed the application. The unions argued that the agreement contained unfair terms that did not comply with the Fair Work Act 2009. The applicants argued that the agreement was fair and complied with the Act.

The central issue before the Commission was whether the terms of the agreement were fair and complied with the requirements of the Fair Work Act. The Commission examined the nature of the agreement, the bargaining process, and the terms themselves. The Commission noted that the agreement was entered into after a genuine process of negotiation between the parties and contained terms that were not manifestly unfair. The Commission also noted that the agreement contained provisions for flexible working arrangements and provisions for the protection of employees' rights.

The Fair Work Commission approved the agreement, finding that it was a bona fide enterprise agreement and did not contain any manifestly unfair terms. The Commission noted that the agreement contained provisions for flexible working arrangements and provisions for the protection of employees' rights. The Commission found that the agreement was a fair and reasonable one, and that it complied with the requirements of the Fair Work Act.

The Fair Work Commission approved the Baiada Poultry Pty Limited Tamworth Plant Maintenance Employees Enterprise Agreement 2013-2017. The unions' application for the agreement to be disallowed was dismissed. The Commission found that the agreement was a fair and reasonable one, and that it complied with the requirements of the Fair Work Act.

Baiada Poultry Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established