Aviagen Australia Pty Ltd

[2014] FWCA 456

FAIR WORK COMMISSION

DECISION

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

Aviagen Australia Pty Ltd
(AG2013/12837)

AVIAGEN AUSTRALIA PTY LTD SOUTHERN EMPLOYEES ENTERPRISE BARGAINING AGREEMENT 2013 - 2016

Poultry processing
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 17 JANUARY 2014

Application for approval of the Aviagen Australia Pty Ltd Southern 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 Southern Employee Enterprise Bargaining Agreement 2013-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Australian Workers’ Union, Greater NSW Branch, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 24 January 2014. The nominal expiry date of the Agreement is 30 June 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Aviagen Australia Pty Ltd applied to the Fair Work Commission for approval of the Southern Employee Enterprise Bargaining Agreement 2013-2016. The applicant, a poultry genetics and breeding company, sought to have the agreement approved under the Fair Work Act 2009. The dispute arose because the applicant and the relevant union could not reach a resolution regarding the terms of the agreement.

The legal issues before the court involved whether the agreement met the requirements of the Fair Work Act and the Fair Work Regulations 2009. Specifically, the court had to consider whether the agreement included the prescribed minimum terms and conditions, whether it had been appropriately negotiated, and whether it complied with the good faith bargaining obligations set out in the Act.

The court found that the agreement did indeed meet the necessary legal requirements. It contained all the prescribed minimum terms and conditions, had been negotiated in good faith, and complied with the obligations under the Fair Work Act. The court noted that the process followed by the parties was thorough and included multiple meetings and negotiations. The union had also provided a detailed submission on the agreement's provisions. Therefore, the court approved the agreement, recognising its compliance with the statutory framework.

The Fair Work Commission approved the Southern Employee Enterprise Bargaining Agreement 2013-2016, effective from the date of the decision. This outcome provided certainty and stability for the employees and the employer, allowing them to operate under the agreed terms for the duration of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established