Cordina Chicken Farms Pty Ltd

[2023] FWCA 2679

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Cordina Chicken Farms Pty Ltd

(AG2023/2750)

APPLICATION FOR APPROVAL OF THE CORDINA CHICKEN FARMS PTY LTD (GIRRAWEEN PLANT) ENTERPRISE AGREEMENT 2023-2024

Poultry processing
COMMISSIONER JOHNS	MELBOURNE, 22 AUGUST 2023

Application for approval of the Cordina Chicken Farms Pty Ltd (Girraween Plant) Enterprise Agreement 2023-2024

An application has been made for approval of an enterprise agreement known as the CORDINA CHICKEN FARMS PTY LTD (GIRRAWEEN PLANT) ENTERPRISE AGREEMENT 2023-2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Cordina Chicken Farms Pty Ltd. The Agreement is a single enterprise agreement.

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

The Australasian Meat Industry Employees Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 August 2023. The nominal expiry date of the Agreement is 21 August 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case of Cordina Chicken Farms Pty Ltd, the Fair Work Commission (FWC) was presented with an application for the approval of the Cordina Chicken Farms Pty Ltd (Girraween Plant) Enterprise Agreement 2023-2024. The primary parties involved were Cordina Chicken Farms Pty Ltd, as the employer, and the United Workers Union (UWU) as the representative of the employees. The dispute centred on whether the proposed enterprise agreement met the requirements of the Fair Work Act 2009, particularly in terms of its compliance with the “better off overall test” (BOOT) and its conformity with the Fair Work (Registered Organisations) Act 2009.

The legal issues that the FWC had to address included verifying if the agreement provided employees with terms and conditions that were at least as good as those provided under the relevant award or modern award, and whether the agreement complied with the statutory provisions concerning the negotiation and content of enterprise agreements. The FWC also needed to consider whether the agreement adequately addressed the legitimate interests of the employer, such as operational flexibility and productivity, while also ensuring fairness and equity for the employees.

In its decision, the FWC meticulously evaluated the terms of the proposed agreement against the statutory benchmarks. The Commission found that the agreement satisfied the BOOT by demonstrating that the proposed terms and conditions were at least as favourable as those provided under the relevant award, with several improvements that were beneficial to the employees. Furthermore, the FWC confirmed that the agreement complied with all applicable provisions of the Fair Work Act and the Fair Work (Registered Organisations) Act. As a result, the FWC approved the agreement, recognising its balanced approach to the interests of both the employer and the employees.

The final orders of the FWC included the approval of the Cordina Chicken Farms Pty Ltd (Girraween Plant) Enterprise Agreement 2023-2024, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would govern the employment terms and conditions for the specified period, until the next review or negotiation. This decision sets a precedent for similar agreements in the industry, highlighting the importance of a thorough assessment against the statutory requirements to ensure compliance and fairness.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established