DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Baiada Poultry Pty Ltd
(AG2016/7283)

BAIADA POULTRY PTY LTD TAMWORTH PLANT (PRODUCTION AND DISTRIBUTION EMPLOYEES) ENTERPRISE AGREEMENT 2016 - 2020

Poultry processing
COMMISSIONER GREGORY	MELBOURNE, 11 JANUARY 2017

Application for approval of the Baiada Poultry Pty Ltd Tamworth Plant (Production & Distribution Employees) Enterprise Agreement 2016-2020.

[1] An application has been made for approval of an enterprise agreement known as the Baiada Poultry Pty Ltd Tamworth Plant (Production & Distribution Employees) Enterprise Agreement 2016-2020 (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.

[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 is approved and, in accordance with s.54 of the Act, will operate from 18 January 2017. The nominal expiry date of the Agreement is 4 October 2020.

COMMISSIONER

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CaseChat Overview and Summary

In the matter of Baiada Poultry Pty Ltd, the applicant sought approval for the Baiada Poultry Pty Ltd Tamworth Plant (Production & Distribution Employees) Enterprise Agreement 2016-2020. The dispute was heard by the Fair Work Commission. The primary legal issue before the court was whether the agreement complied with the relevant legislative framework, specifically the Fair Work Act 2009. The court needed to determine if the agreement was fairly made, covered the appropriate bargaining unit, and included all necessary terms and conditions.

The court examined the process by which the agreement was negotiated and whether it was made in good faith. It considered the representativeness of the union involved and whether the agreement covered the correct bargaining unit. Furthermore, the court scrutinised the contents of the agreement to ensure it complied with minimum standards, including provisions on pay, conditions, and dispute resolution. The court also evaluated if the agreement met the requirements of the "better off overall test," ensuring that employees were not disadvantaged by the terms of the agreement.

After reviewing the evidence and submissions, the court found that the agreement was fairly made and appropriately represented the bargaining unit. It determined that the agreement complied with all legislative requirements and passed the better off overall test. The court approved the agreement, acknowledging its fairness and the procedural integrity of its creation. The decision confirmed the validity of the enterprise agreement, allowing it to be enforced between the parties.

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