Aviagen Australia Pty Ltd

[2014] FWCA 1390

FAIR WORK COMMISSION

DECISION

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

Aviagen Australia Pty Ltd
(AG2014/343)

AVIAGEN AUSTRALIA PTY LTD NORTHERN BREEDER FARMS EMPLOYEE ENTERPRISE BARGAINING AGREEMENT 2013-2016

Agricultural industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 26 FEBRUARY 2014

Application for approval of the Aviagen Australia Pty Ltd Northern Breeder Farms Employee Enterprise Bargaining Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the Aviagen Australia Pty Ltd Northern Breeder Farms Employee Enterprise Bargaining 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 Greater New South Wales Branch (AWU), being a bargaining 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 5 March 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 applicant, Aviagen Australia Pty Ltd, sought approval of the Aviagen Australia Pty Ltd Northern Breeder Farms Employee Enterprise Bargaining Agreement 2013-2016. The Fair Work Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009. The primary dispute centred on whether the agreement adequately covered all necessary terms and conditions of employment, provided fair and reasonable outcomes for both the employer and employees, and aligned with the principles of the Fair Work Act.

The legal issues before the Commission included the interpretation and application of specific sections of the Fair Work Act, particularly in relation to the requirement for a fair and reasonable outcome for all parties. Additionally, the Commission had to assess whether the agreement contained all mandated terms and conditions, whether it complied with the principles of good faith bargaining, and whether it was likely to promote harmonious, productive and cooperative workplace relations.

The Fair Work Commission determined that the agreement satisfied the criteria for approval. The Commission found that the agreement provided fair and reasonable outcomes for both the employer and employees, and that it included all mandated terms and conditions. Furthermore, the Commission was satisfied that the agreement was the product of good faith bargaining and would promote harmonious, productive and cooperative workplace relations. Consequently, the application for approval of the agreement was granted.

The Commission issued its decision and approval of the Aviagen Australia Pty Ltd Northern Breeder Farms Employee Enterprise Bargaining Agreement 2013-2016 on the basis of the findings and reasoning outlined above. The agreement was approved and deemed to be in effect from the date of the decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established