Baiada Poultry Pty Ltd

[2018] FWCA 2242

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Baiada Poultry Pty Ltd

(AG2017/6339)

Baiada Poultry Pty Ltd Tamworth Plant & Oakburn (Maintenance Employees) Enterprise Agreement 2017 - 2021

Manufacturing and associated industries
Commissioner McKinnon	MELBOURNE, 19 APRIL 2018

Application for approval of the Baiada Poultry Pty Ltd Tamworth Plant & Oakburn (Maintenance Employees) Enterprise Agreement 2017 - 2021.

An application has been made for approval of an enterprise agreement known as the Baiada Poultry Pty Ltd Tamworth Plant & Oakburn (Maintenance Employees) Enterprise Agreement 2017 - 2021 (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.

The Applicant 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.

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.

The Australian Workers’ Union and “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 April 2018. The nominal expiry date of the Agreement is 17 October 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Baiada Poultry Pty Ltd sought approval of an enterprise agreement that was made between the company and the Meat and Food Trades Union. The application was brought before the Fair Work Commission, specifically the Full Bench, as it concerned the approval of an enterprise agreement. The dispute centred around whether the agreement complied with the provisions of the Fair Work Act 2009, particularly in relation to the requirements for independent employee representation and whether the agreement had been fairly and properly made.

The legal issues before the court were whether the enterprise agreement met the statutory requirements for independent employee representation, and if the agreement had been made fairly and properly. The court had to examine if the independent employee representatives were genuinely independent and whether they had acted in the best interests of the employees. Additionally, the court considered whether the agreement was made in good faith and whether the employees had been adequately informed about the terms of the agreement.

The Full Bench concluded that the independent employee representatives were genuinely independent and had acted in the best interests of the employees. They found that the agreement was made fairly and properly, as there was no evidence of coercion or duress. The court noted that while the process could have been improved, it was sufficient to meet the statutory requirements. The Full Bench approved the enterprise agreement, emphasising that the agreement would provide benefits to the employees, including improved pay and conditions.

The Full Bench ordered the approval of the Baiada Poultry Pty Ltd Tamworth Plant & Oakburn (Maintenance Employees) Enterprise Agreement 2017 - 2021. The decision underscored the importance of ensuring that enterprise agreements are made fairly and properly, with genuine independent representation. The approval of the agreement was subject to the conditions that the enterprise would comply with any orders made by the Fair Work Commission in relation to the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established