Baiada Poultry Pty Ltd Summary

[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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Baiada Poultry Pty Ltd, the applicant sought approval for the proposed enterprise agreement for the maintenance employees at its Tamworth and Oakburn plants. The dispute was brought before the Fair Work Commission. The crux of the legal issues before the court was whether the proposed enterprise agreement met the procedural and substantive fairness standards required under the Fair Work Act 2009. The applicant argued that the agreement was fairly negotiated and contained provisions that were in the best interests of the employees, while objectors raised concerns about specific provisions that they claimed were not in the best interests of the employees.

The Commission evaluated the fairness of the agreement by examining the negotiation process and the content of the agreement. It considered whether the agreement was made in good faith, whether it was made without any coercion, and whether it provided fair and reasonable terms for the employees. The Commission noted that the applicant had provided evidence of a robust negotiation process and that the objectors had not presented any evidence to suggest otherwise. Regarding the content of the agreement, the Commission found that while some provisions were contentious, the overall agreement provided fair and reasonable terms and conditions for the employees.

After careful consideration of the evidence and arguments presented, the Commission determined that the agreement met the necessary standards for approval. The Commission found that the negotiation process was fair and that the agreement contained provisions that were in the best interests of the employees. Therefore, the application for approval of the enterprise agreement was granted. The Commission's decision ensures that the employees at the Tamworth and Oakburn plants will have a fair and reasonable enterprise agreement for the next four years.

Baiada Poultry Pty Ltd

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

Section 190 Undertakings

Sections 186, 187, 188 and 190

Section 183 Bargaining representatives

Approval

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established