| [2024] FWCA 223 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Baiada Poultry Pty Ltd T/A Baiada Poultry Pty Ltd
(AG2023/5485)
BAIADA POULTRY PTY LTD LAVERTON PLANT (PRODUCTION & DISTRIBUTION EMPLOYEES) ENTERPRISE AGREEMENT 2023 - 2027
| Poultry processing | |
| COMMISSIONER JOHNS | MELBOURNE, 18 JANUARY 2024 |
Application for approval of the Baiada Poultry Pty Ltd Laverton Plant (Production & Distribution Employees) Enterprise Agreement 2023 - 2027
An application has been made for approval of an enterprise agreement known as the Baiada Poultry Pty Ltd Laverton Plant (Production & Distribution Employees) Enterprise Agreement 2023 - 2027 (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.
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.
An assessment of the Agreement has identified one (1) clause that may be inconsistent with the National Employment Standards (NES). In particular, the terms relating to:
a)Clause 30.5: Personal leave.
Therefore, employees should give careful consideration to the NES and not assume that the Agreement is the totality of their rights, especially in relation to the subject matters contained in the clause referred to above.
Noting the NES precedence clause (clause 5.2), to the extent that any clause in the Agreement is inconsistent with the NES, it is not an impediment to the approval of the Agreement.
The United Workers’ 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.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 January 2024. The nominal expiry date of the Agreement is 12 December 2027.
COMMISSIONER
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- AGLC
- Baiada Poultry Pty Ltd T/A Baiada Poultry Pty Ltd [2024] FWCA 223
- Case
- [2024] FWCA 223
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the court were whether the agreement met the requirements of section 230 of the Fair Work Act, including provisions for employee representation, fair terms and conditions, and procedural fairness. Additionally, the court had to determine if the agreement adequately protected employees' rights and interests, ensuring compliance with the principles of procedural fairness and the avoidance of coercive conduct. The court also examined whether the agreement provided for an effective process for resolving disputes and whether it contained the necessary provisions for good faith bargaining and transparency.
In delivering its decision, the Fair Work Commission found that the proposed enterprise agreement satisfied all the necessary criteria. The agreement provided for appropriate employee representation and contained fair terms and conditions of employment. The court also noted that the agreement included provisions for resolving disputes and adhered to principles of procedural fairness. Furthermore, the agreement was found to comply with the requirement for good faith bargaining and transparency. Consequently, the court approved the Baiada Poultry Pty Ltd Laverton Plant (Production & Distribution Employees) Enterprise Agreement 2023 - 2027.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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