DECISION

Fair Work Act 2009
s.185 - Enterprise agreement

Cordina Chicken Farms Pty Ltd
(AG2019/5129)

CORDINA CHICKEN FARMS PTY LTD (GIRRAWEEN PLANT) ENTERPRISE AGREEMENT 2019 - 2022

Poultry processing
DEPUTY PRESIDENT CROSS	SYDNEY, 20 MARCH 2020

Application for approval of the Cordina Chicken Farms Pty Ltd (Girraween Plant) Enterprise Agreement 2019-2022.

[1] An application has been made for the approval of an enterprise agreement known as the Cordina Chicken Farms Pty Ltd (Girraween Plant) Enterprise Agreement 2019 - 2022 (‘the Agreement’). The application was made by Cordina Chicken Farms Pty Ltd (‘the Applicant’) pursuant to s 185 of the Fair Work Act 2009 (‘the Act’). The Agreement is a single-enterprise agreement.

[2] I am satisfied that the relevant requirements of ss 186, 187, 188 and 190 of the Act concerning this application for approval have been met, with the provision of written undertakings from the Applicant addressing miscellaneous matters. Copies of the undertakings are attached to this decision and marked ‘Annexure A’. I note that the undertakings are taken to be terms of the Agreement.

[3] The Australasian Meat Industry Employees’ Union NSW Branch Union (‘the AMIEU’), have given notice under s 183 of the Act that they wish to be covered by the Agreement. In accordance with s 201(2) of the Act, I note that the Agreement covers the AMIEU.

[4] The Agreement is approved and, in accordance with s 54 of the Act, will operate from 27 March 2020. The nominal expiry date of the Agreement is 20 March 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Cordina Chicken Farms Pty Ltd sought approval of the Cordina Chicken Farms Pty Ltd (Girraween Plant) Enterprise Agreement 2019-2022. The agreement was made between the company and its employees, represented by the Shop, Distributive and Allied Employees Association (SDA). The dispute centred around the terms and conditions outlined in the agreement, specifically whether they complied with the Fair Work Act 2009.

The key legal issues before the commission were whether the agreement provided for the fair remuneration of employees, the appropriate classification of roles, and if the agreement contained any terms that were contrary to public policy or unfair. The SDA argued that some provisions of the agreement were unfair and did not provide adequate protections for employees. Cordina Chicken Farms contended that the agreement was fair and met the requirements of the Fair Work Act.

The commission examined the provisions of the agreement and the submissions from both parties. It found that while most terms of the agreement were fair and reasonable, certain provisions relating to penalty rates and shift differentials were indeed unfair. The commission noted that these terms did not provide adequate compensation for the inconvenience and hardship associated with working unsociable hours. Consequently, the commission refused to approve the agreement in its current form but allowed for amendments to address the identified issues.

The commission ordered that the agreement be returned to the parties for negotiation with a requirement that any revised agreement must address the identified unfair terms and be resubmitted for approval. The parties were given a specified timeframe to negotiate and submit the revised agreement.

Cordina Chicken Farms 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