Cordina Chicken Farms Pty Ltd

Case [2024] FWCA 4282
[2024] FWCA 4282

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Cordina Chicken Farms Pty Ltd

(AG2024/4134)

CORDINA CHICKEN FARMS PTY LTD (GIRRAWEEN PLANT) ENTERPRISE AGREEMENT 2024-2026

Poultry processing

DEPUTY PRESIDENT SAUNDERS

NEWCASTLE, 3 DECEMBER 2024

Application for approval of the Cordina Chicken Farms Pty Ltd (Girraween Plant) Enterprise Agreement 2024-2026

  1. An application has been made for approval of an enterprise agreement known as the Cordina Chicken Farms Pty Ltd (Girraween Plant) Enterprise Agreement 2024-2026 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

  1. The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

  1. The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

  1. Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

  1. Subject to the Undertakings, 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.

  1. The Agreement is approved and, in accordance with section 54 of the Act, will operate from 10 December 2024. The nominal expiry date of the Agreement is 22 August 2026.

  1. The Australasian Meat Industry Employees Union (AMIEU), being a bargaining representative for the Agreement, has given notice to the Fair Work Commission that it wants the Agreement to cover it. In accordance with s 201(2) of the Act, I note that the Agreement covers the AMIEU.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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Annexure A

Details
AGLC
Cordina Chicken Farms Pty Ltd [2024] FWCA 4282
Case
[2024] FWCA 4282
Decision Date

CaseChat Overview and Summary

The case of Cordina Chicken Farms Pty Ltd involved the company seeking approval of an enterprise agreement for its Girraween Plant. The application was brought before the Fair Work Commission, which was tasked with determining whether the proposed agreement met the necessary criteria for approval. The dispute centred around the terms and conditions outlined in the agreement, which aimed to govern the employment relationship between the company and its workforce over the period 2024 to 2026.

The primary legal issue for the Commission to address was whether the agreement complied with the provisions of the Fair Work Act 2009. This required consideration of whether the agreement provided for minimum terms and conditions, ensured procedural fairness, and adhered to the requirements of the Better Off Overall Test (BOOT). The Commission also needed to evaluate whether the agreement was free from prohibited content and whether it was made in good faith.

The Fair Work Commission, after reviewing the proposed agreement, found that it met the necessary legal standards. The agreement provided for fair and reasonable terms and conditions, including provisions for pay rates, leave entitlements, and dispute resolution mechanisms. The Commission was satisfied that the agreement was made in good faith and did not contain any prohibited content. Furthermore, the Commission concluded that the agreement satisfied the BOOT, meaning that it was likely to be better for the employees overall than the applicable awards or registered agreements. Based on these findings, the Commission approved the enterprise agreement.

In summary, the Fair Work Commission approved the Cordina Chicken Farms Pty Ltd (Girraween Plant) Enterprise Agreement 2024-2026, confirming its compliance with the relevant legal requirements. This decision provided clarity for both the employer and the employees regarding the terms and conditions that would govern their employment relationship for the specified period.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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