Baiada Poultry Pty Ltd

[2021] FWCA 7192

[2021] FWCA 7192

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Baiada Poultry Pty Ltd
(AG2021/8601)

BAIADA POULTRY PTY LIMITED TAMWORTH PLANT & OAKBURN PLANT (MAINTENANCE EMPLOYEES) ENTERPRISE AGREEMENT 2021-2025

Poultry processing
COMMISSIONER P RYAN	SYDNEY, 17 DECEMBER 2021

Application for approval of the Baiada Poultry Pty Limited Tamworth Plant & Oakburn Plant (Maintenance Employees) Enterprise Agreement 2021 - 2025

[1] Baiada Poultry Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Baiada Poultry Pty Limited Tamworth Plant & Oakburn Plant (Maintenance Employees) Enterprise Agreement 2021-2025 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

Section 185(3) 14-day period to make application

[2] The application was not lodged within 14 days after the Agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the period for making the application to the date it was actually made.

Section 190 Undertakings

[3] The employer provided written undertakings. A copy of the undertakings is attached in Annexure A. 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. The undertakings are taken to be a term of the Agreement.

Sections 186, 187, 188 and 190

[4] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

Section 183 Bargaining representatives

[5] The Australian Workers union (the AWU), being a bargaining representative for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them.

[6] In accordance with s.201(2) of the Act, I note that the Agreement covers the AWU.

Approval

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 December 2021. The nominal expiry date of the Agreement is 9 November 2025.

COMMISSIONER

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