DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Baiada Poultry Pty Ltd
(AG2021/4731)

BAIADA POULTRY PTY LIMITED PENDLE HILL SHOP EMPLOYEES ENTERPRISE AGREEMENT 2021-2025

Retail industry
COMMISSIONER WILSON	MELBOURNE, 7 MAY 2021

Application for approval of the Baiada Poultry Pty Limited Pendle Hill Shop Employees Enterprise Agreement 2021-2025.

[1] An application has been made for approval of an enterprise agreement known as the Baiada Poultry Pty Limited Pendle Hill Shop Employees Enterprise Agreement 2021-2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Baiada Poultry Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has 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.

[3] 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.

[4] 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. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 May 2021. The nominal expiry date of the Agreement is 6 April 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Baiada Poultry Pty Ltd applied to the Fair Work Commission for approval of the Baiada Poultry Pty Limited Pendle Hill Shop Employees Enterprise Agreement 2021-2025. The applicant is an employer in the poultry industry, and the dispute concerns the proposed enterprise agreement between the employer and its employees working at the Pendle Hill shop. The Fair Work Commission is the relevant tribunal to consider such applications.

The primary legal issue before the Commission was whether the proposed agreement complied with the relevant statutory provisions of the Fair Work Act 2009, particularly regarding the provisions that ensure the agreement is "better off overall" for the employees, and that it does not undermine the safety net of minimum standards. Additionally, the Commission needed to determine whether the agreement had been made in good faith and whether any mandatory provisions were appropriately dealt with.

The Commission found that the proposed agreement was compliant with the statutory requirements. It was concluded that the agreement was "better off overall" for the employees, as it provided a combination of wage increases, improved shift penalties, and better leave entitlements. The Commission was satisfied that the agreement did not undermine the safety net of minimum standards, and that it had been made in good faith. The Commission also found that the agreement appropriately dealt with the mandatory provisions, including provisions related to working hours, overtime, and penalty rates.

As a result of the findings, the Commission approved the Baiada Poultry Pty Limited Pendle Hill Shop Employees Enterprise Agreement 2021-2025. The agreement is now legally binding on the parties and will govern the terms and conditions of employment for the employees at the Pendle Hill shop for the duration of the agreement.

Baiada Poultry Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established