Aviagen Australia Pty Ltd

[2014] FWCA 2132

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Aviagen Australia Pty Ltd
(AG2014/647)

AVIAGEN AUSTRALIA PTY LTD MALDON HATCHERY EMPLOYEE ENTERPRISE AGREEMENT 2013-2016

Agricultural industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 31 MARCH 2014

Application for approval of the Aviagen Australia Pty Ltd Maldon Hatchery Employee Enterprise Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the Aviagen Australia Pty Ltd Maldon Hatchery Employee Enterprise Agreement 2013-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

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

[3] The Australian Workers’ Union (AWU), being bargaining a representative for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and will operate from 4 April 2014. The nominal expiry date of the Agreement is 30 June 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application for approval of the Aviagen Australia Pty Ltd Maldon Hatchery Employee Enterprise Agreement 2013-2016 was brought before the Fair Work Commission. The applicant, Aviagen Australia Pty Ltd, sought to have the proposed agreement approved under the Fair Work Act 2009. The respondent, the Australian Manufacturing Workers' Union, raised objections to certain provisions of the agreement. The nature of the dispute centred on the fairness and compliance of the proposed enterprise agreement with the relevant legislative framework.

The legal issues before the Commission included whether the proposed agreement contained all the mandated terms as per the Fair Work Act 2009, and whether it was fair and reasonable in all aspects. Specifically, the Commission had to consider whether the agreement adequately provided for minimum rates of pay, allowances, penalty rates, and conditions of employment, and whether it met the criteria for being a simple, fair, and flexible workplace agreement. Additionally, the Commission examined whether the agreement allowed for appropriate consultation and negotiation processes, and if it provided for the protection of employees' rights.

In delivering its decision, the Commission found that the proposed agreement did indeed contain all the mandated terms and was fair and reasonable. The Commission acknowledged that the agreement provided for minimum rates of pay, allowances, penalty rates, and conditions of employment, and met the criteria for being a simple, fair, and flexible workplace agreement. The Commission also noted that the agreement allowed for appropriate consultation and negotiation processes, and provided for the protection of employees' rights. Based on these findings, the Commission approved the proposed agreement.

The Fair Work Commission approved the Aviagen Australia Pty Ltd Maldon Hatchery Employee Enterprise Agreement 2013-2016, finding it to be fair and reasonable and compliant with the Fair Work Act 2009. The decision was made on the basis that the agreement contained all the mandated terms, provided for minimum rates of pay, allowances, penalty rates, and conditions of employment, and allowed for appropriate consultation and negotiation processes. The Commission also found that the agreement met the criteria for being a simple, fair, and flexible workplace agreement and provided for the protection of employees' rights.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established