Baiada Poultry Pty Ltd

[2019] FWCA 3044

[2019] FWCA 3044

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Baiada Poultry Pty Ltd
(AG2019/897)

BAIADA POULTRY PTY LTD PENDLE HILL PLANT (PRODUCTION & DISTRIBUTION EMPLOYEES) ENTERPRISE AGREEMENT 2019-2023

Poultry processing
COMMISSIONER LEE	MELBOURNE, 3 MAY 2019

Application for approval of the Baiada Poultry Pty Ltd Pendle Hill Plant (Production & Distribution Employees) Enterprise Agreement 2019-2023.

[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 2019-2023 (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.

[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] I observe that the following provisions is likely to be inconsistent with the National Employment Standards (NES):

•  Clause 13.4 - Annual Leave.

However, noting clause 4.3 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 May 2019. The nominal expiry date of the Agreement is 26 February 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE503242  PR707943>

Annexure A