Baiada Poultry Pty Ltd Summary

[2023] FWCA 1238

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Baiada Poultry Pty Ltd

(AG2023/1123)

APPLICATION FOR APPROVAL OF THE BAIADA POULTRY PTY LTD PENDLE HILL PLANT (PRODUCTION & DISTRIBUTION EMPLOYEES) ENTERPRISE AGREEMENT 2023-2027

Poultry processing
COMMISSIONER JOHNS	MELBOURNE, 1 MAY 2023

Application for approval of the Baiada Poultry Pty Ltd Pendle Hill 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 PENDLE HILL 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. 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.

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) of the Act I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 May 2023. The nominal expiry date of the Agreement is 28 February 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Baiada Poultry Pty Ltd sought approval of the Pendle Hill Plant (Production & Distribution Employees) Enterprise Agreement 2023-2027, which was to govern the terms and conditions of employment for employees at the Pendle Hill plant. The application was heard by the Fair Work Commission (FWC), which was required to determine if the agreement was in the best interests of the employees and if it met the requirements of the Fair Work Act 2009. The application arose from negotiations between Baiada Poultry and the union representing the employees, which culminated in the proposed enterprise agreement.

The legal issues before the FWC included whether the agreement was appropriately negotiated, if it complied with the provisions of the Fair Work Act, and whether it provided fair and reasonable terms for the employees. Additionally, the FWC had to consider the balance between the interests of the employer and the employees and assess if the agreement met the “better off overall test”. The FWC needed to ensure that the agreement would not disadvantage the employees in terms of pay, conditions, or other benefits.

In delivering its decision, the FWC reviewed the bargaining process, the contents of the agreement, and the submissions from both Baiada Poultry and the union. The FWC found that the agreement was the result of genuine negotiations and contained terms that were fair and reasonable. The FWC was satisfied that the agreement met the “better off overall test” as it provided a fair balance of benefits and obligations for both parties. Consequently, the FWC approved the application for the Pendle Hill Plant (Production & Distribution Employees) Enterprise Agreement 2023-2027. The FWC issued an order approving the enterprise agreement and directed that it be registered with the Fair Work Commission.

Baiada Poultry Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established