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

Annexure A

CaseChat Overview and Summary

Baiada Poultry Pty Ltd recently appeared before the Fair Work Commission, which was asked to approve the proposed enterprise agreement between the company and its employees. The agreement in question pertains to the production and distribution employees at the company's Pendle Hill plant for the period 2019 to 2023. The application for approval was filed by the company, and the matter was heard by Commissioner M. The employees, represented by a union, did not oppose the approval of the agreement.

The primary legal issue the commission needed to determine was whether the proposed agreement met all the necessary requirements under the Fair Work Act 2009. Specifically, the commission had to assess whether the agreement was a "better off overall test" (BOOT) agreement, meaning it needed to be at least as good as the relevant awards or other agreements, and whether it contained the mandated minimum terms and conditions. The commission also considered if the agreement was made in good faith and whether the appropriate consultation processes had been followed.

In delivering its decision, the commission noted that the agreement contained all the mandated minimum terms and conditions as outlined in the Fair Work Act. The commission further found that the agreement was a BOOT agreement, providing employees with benefits that were at least as good as, if not better than, those provided under the relevant awards. The commission also determined that the agreement was made in good faith and that the appropriate consultation processes had been followed. Based on these findings, the commission approved the proposed enterprise agreement.

As a result of the commission's approval, the Baiada Poultry Pty Ltd Pendle Hill Plant (Production & Distribution Employees) Enterprise Agreement 2019-2023 is now in effect. This agreement will govern the employment conditions of the production and distribution employees at the Pendle Hill plant for the specified period, providing a framework for the relationship between the company and its employees.

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