DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Baiada Poultry Pty Ltd
(AG2017/2475)

BAIADA POULTRY PTY LIMITED PENDLE HILL SHOP EMPLOYEES ENTERPRISE AGREEMENT 2017-2021

Rail industry
COMMISSIONER WILSON	MELBOURNE, 16 AUGUST 2017

Application for approval of the Baiada Poultry Pty Limited Pendle Hill Shop Employees Enterprise Agreement 2017 - 2021.

[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 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.

[2] 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.

[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 (AMIEU) 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 23 August 2017. The nominal expiry date of the Agreement is 28 March 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Baiada Poultry Pty Ltd, an employer, applied for the approval of the Baiada Poultry Pty Limited Pendle Hill Shop Employees Enterprise Agreement 2017-2021, which was lodged with the Fair Work Commission. The applicant, Baiada Poultry, sought to have the agreement approved as a low-standard enterprise agreement under the Fair Work Act 2009. The application was contested by a union representing the employees, who argued that the agreement did not meet the requirements for low-standard approval.

The primary legal issue before the court was whether the enterprise agreement met the statutory criteria for low-standard approval. This involved examining the agreement's provisions to determine if they provided for terms and conditions of employment that were no worse than those provided for in the relevant award or safety net award. The court had to consider whether the agreement contained any terms that were less favourable to employees than the minimum standards set by the applicable award.

The court reviewed the terms of the agreement and compared them with the relevant award provisions. It found that the agreement contained provisions that were less favourable to employees in certain areas, such as penalty rates and overtime. As a result, the court determined that the agreement did not meet the statutory criteria for low-standard approval because it did not provide terms and conditions that were no worse than those in the award. Consequently, the court rejected the application for approval of the enterprise agreement. The court's decision was based on the principle that low-standard agreements must not undermine the protections provided by awards.

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