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austlii:cth/FWCA/2025/1232
General information, not legal advice.
FWCA
2025-04-14
Original judgment source is linked above.
BAIADA POULTRY PTY LIMITED PENDLE HILL SHOP EMPLOYEES ENTERPRISE AGREEMENT 2025-2029
Application for approval of the Baiada Poultry Pty Limited Pendle Hill Shop Employees Enterprise Agreement 2025-2029
[1] An application has been made for approval of an enterprise agreement known as the Baiada Poultry Pty Limited Pendle Hill Shop Employees Enterprise Agreement 2025-2029 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.
[2] Section 205A(1) of the Act provides that an enterprise agreement must include a delegates' rights term for workplace delegates to whom the agreement applies. The Agreement does not contain a delegates' rights term. Pursuant to subsection 205A(2)(b) of the Act, the delegates' rights term contained in the General Retail Industry Award 2020 is taken to be a term of the Agreement.
[3] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:
(a) cause financial detriment to any employee covered by the Agreement; or
(b) result in substantial changes to the Agreement.
[4] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.
[5] Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.
[6] Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.
[7] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 21 April 2025. The nominal expiry date of the Agreement is 25 March 2029.
[8] The Australasian Meat Industry Employees Union (AMIEU), being a bargaining representative for the Agreement, has given notice to the Fair Work Commission that it wants the Agreement to cover it. In accordance with s 201(2) of the Act, I note that the Agreement covers the AMIEU.
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