Baiada Poultry Pty Ltd T/A Baiada Poultry Pty Ltd

[2021] FWCA 363

[2021] FWCA 363

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Baiada Poultry Pty Ltd T/A Baiada Poultry Pty Ltd
(AG2020/3894)

BAIADA POULTRY PTY LTD TAMWORTH PLANT (PRODUCTION AND DISTRIBUTION EMPLOYEES) ENTERPRISE AGREEMENT 2020 - 2024

Poultry processing
COMMISSIONER CIRKOVIC	MELBOURNE, 25 JANUARY 2021

Application for approval of the Baiada Poultry Ply Ltd Tamworth Plant (Production and Distribution Employees) Enterprise Agreement 2020 - 2024.

[1] An application has been made for approval of an enterprise agreement known as the Baiada Poultry Pty Ltd Tamworth Plant (Production and Distribution Employees) Enterprise Agreement 2020 - 2024 (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] The employer 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] On the basis of the material contained in the application and accompanying declaration, 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.

[4] The Australasian Meat Industry Employees Union and the Australian Workers’ Union, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that each wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers these organisations.

[5] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

•  14.4.6;

•  23.1.4(a);

•  24.2.1; and

•  27.8.1.

[6] However, noting clause 4.3 of the Agreement, I am satisfied that the beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[7] I note that clause 3 of the Agreement states that the date of commencement shall be from the first full pay period commencing on or after the date seven days from the date of approval which differs from the requirements of s.54(1) of the Act.

[8] The Agreement was approved on 25 January 2021 and, in accordance with s.54, will operate from 7 days from the date of approval of the Agreement, being 1 February 2021. The nominal expiry date of the Agreement is 13 October 2024.

COMMISSIONER

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ANNEXURE A