DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BPL Adelaide Pty Ltd
(AG2016/912)

BPL ADELAIDE PTY LIMITED (PRODUCTION AND DISTRIBUTION EMPLOYEES) ENTERPRISE AGREEMENT 2016 - 2020

Poultry processing
COMMISSIONER LEE	MELBOURNE, 20 MAY 2016

Application for approval of the BPL Adelaide Pty Limited (Production and Distribution Employees) Enterprise Agreement 2016 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the BPL Adelaide Pty Limited (Production and 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 BPL Adelaide Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The National Union of Workers 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 May 2016. The nominal expiry date of the Agreement is 1 March 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

BPL Adelaide Pty Ltd was a case heard in the Fair Work Commission, where the company sought approval for a proposed enterprise agreement for production and distribution employees covering the period from 2016 to 2020. The dispute involved whether the agreement met the necessary criteria for approval under the Fair Work Act 2009, including the provisions relating to minimum entitlements and the avoidance of undermining awards.

The central legal issues the Commission had to address were whether the proposed agreement contained appropriate provisions for employees' pay and conditions, and if it adhered to the requirements of the Fair Work Act, particularly concerning the 'better off overall test'. Additionally, the Commission examined whether the agreement appropriately avoided undermining the relevant award and whether it met the standards of procedural fairness in its negotiation and drafting.

The Commission found that the proposed agreement contained appropriate provisions for the employees' pay and conditions and met the better off overall test. It determined that the agreement did not undermine the relevant award and that it was negotiated and drafted in a manner that complied with procedural fairness. Consequently, the Commission approved the enterprise agreement, finding that it satisfied all the legal requirements for approval.

In summary, the Fair Work Commission approved the BPL Adelaide Pty Limited (Production and Distribution Employees) Enterprise Agreement 2016-2020, affirming that the agreement was fair, met the necessary legislative standards, and appropriately addressed the employees' pay and conditions.

BPL Adelaide 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