DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Baiada Poultry Pty Ltd T/A Baiada Poultry Pty Ltd
(AG2021/3989)

BAIADA POULTRY PTY LIMITED OAKBURN RENDERING PLANT ENTERPRISE AGREEMENT 2021 - 2025

Poultry processing
COMMISSIONER WILSON	MELBOURNE, 9 MARCH 2021

Application for approval of the Baiada Poultry Pty Limited Oakburn Rendering Plant Enterprise Agreement 2021 - 2025.

[1] An application has been made for approval of an enterprise agreement known as the Baiada Poultry Pty Limited Oakburn Rendering Plant Enterprise Agreement 2021 - 2025 (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 T/A 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 16 March 2021. The nominal expiry date of the Agreement is 9 February 2025.

COMMISSIONER

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CaseChat Overview and Summary

Baiada Poultry Pty Ltd, trading as Baiada Poultry Pty Ltd, applied to the Fair Work Commission for approval of an enterprise agreement, the Baiada Poultry Pty Ltd Oakburn Rendering Plant Enterprise Agreement 2021 - 2025. The Fair Work Commission was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009. The primary concern was whether the agreement had been fairly negotiated and if it complied with the relevant provisions of the Act.

The court had to consider whether the enterprise agreement had been negotiated in good faith and whether it contained the necessary minimum terms and conditions. Additionally, the court assessed whether the agreement allowed for the proper representation of employee interests and whether it provided fair and reasonable terms for both the employer and employees. The court also had to ensure that the agreement did not contravene any provisions of the Fair Work Act.

The Fair Work Commission found that the enterprise agreement had been negotiated in good faith and contained all necessary minimum terms and conditions. The court was satisfied that the agreement allowed for proper employee representation and provided fair and reasonable terms. It was determined that the agreement did not contravene any provisions of the Fair Work Act. Consequently, the Commission approved the Baiada Poultry Pty Ltd Oakburn Rendering Plant Enterprise Agreement 2021 - 2025.

Baiada Poultry Pty Ltd T/A 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