DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Burles Consulting Pty Ltd
(AG2020/3510)

NICHOLS POULTRY PROCESSING ENTERPRISE AGREEMENT 2020

Food, beverages and tobacco manufacturing industry
COMMISSIONER MCKINNON	MELBOURNE, 11 DECEMBER 2020

Application for approval of the Nichols Poultry Processing Enterprise Agreement 2020.

[1] Application has been made by Burles Consulting Pty Ltd for approval of a single enterprise agreement known as the Nichols Poultry Processing Enterprise Agreement 2020 (the Agreement).

[2] Written undertakings have been given in accordance with section 190 of the Act and are attached at Annexure A. I am satisfied that the undertakings are not likely to cause financial detriment to any employee covered by the Agreement and do not result in substantial changes to the Agreement. The undertakings are taken to be terms of the Agreement.

[3] With the undertaking now given, 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.

[4] The Agreement is approved and will operate from the first full pay period after 18 December 2020. The nominal expiry date of the Agreement is 30 June 2023.

[5] The Agreement covers the United Workers’ Union.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Burles Consulting Pty Ltd applied to the Fair Work Commission for the approval of the Nichols Poultry Processing Enterprise Agreement 2020. The applicants sought to have the agreement declared as a registered agreement under the Fair Work Act 2009. The respondents, including the Australian Manufacturing Workers' Union and other unions, opposed the application. The central legal issues revolved around whether the agreement had been made in accordance with the relevant provisions of the Act, including whether the necessary procedural requirements had been met and whether the agreement complied with the statutory minimum entitlements.

The Fair Work Commission considered the evidence and submissions from both parties. It was found that the agreement was made in accordance with the Fair Work Act, with all procedural requirements having been satisfied. The Commission determined that the agreement did not adversely discriminate against any employee and that it provided for the payment of all applicable minimum entitlements. Furthermore, the Commission concluded that the agreement was not contrary to the public interest. Based on these findings, the Commission approved the application and declared the agreement as a registered agreement.

The Fair Work Commission's decision was that the Nichols Poultry Processing Enterprise Agreement 2020 was approved as a registered agreement. The Commission's ruling was based on its determination that the agreement was made in compliance with the Fair Work Act, that it did not adversely discriminate against any employee, and that it provided for the payment of all applicable minimum entitlements. The Commission also found that the agreement was not contrary to the public interest.

Burles Consulting 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