Cordina Chicken Farms Pty Ltd

[2019] FWCA 6100

[2019] FWCA 6100

FAIR WORK COMMISSION

DECISION

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

Cordina Chicken Farms Pty Ltd
(AG2019/2342)

CORDINA CHICKEN FARMS (MAINTENANCE) ENTERPRISE AGREEMENT 2018 - 2021

Manufacturing and associated industries
DEPUTY PRESIDENT BULL	SYDNEY, 2 SEPTEMBER 2019

Application for approval of the Cordina Chicken Farms (Maintenance) Enterprise Agreement 2018 - 2021.

[1] An application has been filed by Cordina Chicken Farms Pty Ltd(the applicant) for the approval of an enterprise agreement known as the Cordina Chicken Farms (Maintenance) Enterprise Agreement 2018 - 2021 (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 as per s.172(2) of the Act.

[2] Following issues being raised with the applicant by the Commission, the applicant provided a number of undertakings regarding the following:

•  Clarification of references to the Manufacturing and Associated Industries and Occupations Award 2010 in the Agreement;

•  Penalty rate entitlements for part-time and casual employees who work less than 4 consecutive days before their weekend shift;

•  Overtime entitlements for part-time employees required to work in excess of the hours agreed;

•  Pay rates for all work performed by employees outside ordinary hours on any day shift;

•  Progressive accrual of Annual Leave and Personal/Carer’s Leave during the year in accordance with the National Employment Standards (NES);

•  Amount of accrued Personal Leave that may be used as Carer’s Leave not limited by the employer, in accordance with the NES;

•  Recognition of an employee’s entitlement to Jury Leave in accordance with the NES; and

•  Entitlement of Notice of Termination in accordance with the NES.

[3] The undertakings are attached at the end of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial change to the Agreement. Pursuant to s.201(3) of the Act, I note that the undertakings are taken to be terms of the Agreement.

[4] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[5] The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (AMWU), 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 AMWU have not expressed a view in relation to the undertakings provided by the applicant.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval. The nominal expiry date of the Agreement is 31 August 2021.

DEPUTY PRESIDENT

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