DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Baiada Poultry Pty Ltd
(AG2017/542)

BAIADA POULTRY PTY LIMITED PENDLE HILL DELIVERY DRIVERS ENTERPRISE AGREEMENT 2017 – 2021

Road transport industry
COMMISSIONER LEE	MELBOURNE, 3 APRIL 2017

Application for approval of the Baiada Poultry Pty Limited Pendle Hill Delivery Drivers 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 Delivery Drivers 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 April 2017. The nominal expiry date of the Agreement is 14 February 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Baiada Poultry Pty Ltd sought approval for the Baiada Poultry Pty Limited Pendle Hill Delivery Drivers Enterprise Agreement 2017-2021. The application was brought before the Fair Work Commission in an effort to formalise employment terms for delivery drivers working at the Pendle Hill site. The primary dispute centred around whether the proposed agreement met the requirements of the Fair Work Act 2009, particularly in terms of its fairness and compliance with relevant industrial provisions.

The court was tasked with determining whether the agreement appropriately balanced the rights and obligations of both employers and employees. This involved assessing whether the agreement was free from any elements of coercion or undue influence, and whether it adhered to the procedural fairness mandated by the Act. Additionally, the court had to ensure that the agreement did not disadvantage employees in a manner that would not be justifiable in the circumstances.

After careful consideration, the Fair Work Commission concluded that the agreement was fair and met the necessary requirements under the Act. The court found that the agreement was free from any procedural flaws and was appropriately negotiated. Furthermore, the commission was satisfied that the terms of the agreement did not unfairly disadvantage the employees. Consequently, the commission approved the Baiada Poultry Pty Limited Pendle Hill Delivery Drivers Enterprise Agreement 2017-2021.

The final orders of the commission included the formal approval of the enterprise agreement, which would now serve as a binding contract between Baiada Poultry Pty Ltd and its delivery drivers at the Pendle Hill site for the specified period. The agreement would govern the terms of employment, including wages, hours of work, leave entitlements, and other relevant conditions.

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