DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Baiada Poultry Pty Ltd
(AG2017/489)

BAIADA POULTRY PTY LIMITED OAKBURN RENDERING PLANT ENTERPRISE AGREEMENT 2017 - 2021

Poultry processing
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 31 MARCH 2017

Application for approval of the Baiada Poultry Pty Limited Oakburn Rendering Plant Enterprise Agreement 2017 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the Baiada Poultry Pty Limited Oakburn Rendering Plant 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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] 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.

[4] The Agreement was approved on 31 March 2017 and, in accordance with s.54, will operate from 7 April 2017. The nominal expiry date of the Agreement is 7 February 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Baiada Poultry Pty Ltd, sought the Fair Work Commission's approval of the Baiada Poultry Pty Limited Oakburn Rendering Plant Enterprise Agreement 2017 - 2021. The respondent, the Transport Workers Union of Australia, argued the application should be dismissed on the basis that the agreement failed to meet the requirement for 'genuine agreement' under the Fair Work Act 2009. The applicant argued that the agreement was genuinely agreed to by the parties, and the Commission should therefore approve it. The legal issues before the Commission were whether the union's objection to the agreement was procedurally valid and whether the agreement was genuinely agreed to by the parties. The Commission found that the union's objection was procedurally valid as it was made within the prescribed time and contained sufficient detail. The Commission then examined the process by which the agreement was reached to determine whether it was genuinely agreed to. The Commission found that the applicant had engaged in genuine bargaining with the union, and that the agreement was therefore genuinely agreed to by the parties. The Commission approved the agreement, finding that it met the requirements of the Fair Work Act. The Commission ordered that the Baiada Poultry Pty Limited Oakburn Rendering Plant Enterprise Agreement 2017 - 2021 be approved as a registered agreement.

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