DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Aviagen Australia Pty Ltd
(AG2021/5034)

AVIAGEN AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2021

Agricultural industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 28 MAY 2021

Application for approval of the Aviagen Australia Pty Ltd Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement to be known as the Aviagen Australia Pty Ltd Enterprise Agreement 2021 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Aviagen Australia Pty Ltd (Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings dated 27 May 2021. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Pastoral Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

[3] The following employee organisation (which was a bargaining representative for the Agreement), has given notice under s.183 of the Act that they want to be covered by the Agreement:

The Australian Workers’ Union (AWU).

[4] In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

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

[6] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 June 2021. The nominal expiry date of the Agreement is 30 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Aviagen Australia Pty Ltd applied to the Fair Work Commission for approval of an enterprise agreement made with its employees. The agreement sought to regulate various terms and conditions of employment, including pay rates, hours of work, and leave entitlements. The dispute was heard by the Fair Work Commission, Australia's workplace relations tribunal.

The primary legal issue before the Commission was whether the enterprise agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement met the 'better off overall test', ensuring that no employee would be worse off and at least one employee would be better off under the new agreement compared to the existing conditions. The Commission also had to assess whether the agreement adhered to the 'good faith' requirement, meaning that the bargaining process was conducted in an honest and genuine manner.

The Fair Work Commission found that the enterprise agreement did meet the 'better off overall test', with at least one employee clearly benefiting from the new terms. The Commission was satisfied that the agreement was the product of good faith bargaining, as evidenced by the extensive consultation and negotiation process between the parties. The Commission noted that while some employees may not have received significant financial gains, the overall terms of the agreement were fair and reasonable, and did not disadvantage any party. The Commission approved the enterprise agreement, confirming its compliance with the statutory requirements.

The Fair Work Commission approved the Aviagen Australia Pty Ltd Enterprise Agreement 2021, subject to the conditions set out in the decision. The Commission emphasised the importance of continued good faith bargaining and compliance with the Fair Work Act 2009 in future negotiations. The decision sets a precedent for similar enterprise agreements and reinforces the Commission's commitment to ensuring fair and equitable workplace conditions.

Aviagen Australia 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