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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, Cordina Chicken Farms Pty Ltd, sought approval of the Cordina Chicken Farms (Maintenance) Enterprise Agreement 2018-2021 from the Fair Work Commission. The respondents, who were employees of the company, contested the agreement on several grounds. The matter was heard and determined by the Fair Work Commission. The primary legal issue before the Commission was whether the terms and conditions outlined in the proposed enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009. This included assessing whether the agreement fairly represented the employees' interests, contained terms that were just and reasonable, and adhered to procedural fairness in its development.

The Commission examined the process through which the agreement was negotiated and the content of its terms. It considered the evidence provided by both parties regarding the negotiation process, the fairness of the terms, and the representation of employees' interests. The applicants provided evidence of a transparent negotiation process and argued that the terms were fair and reasonable. The respondents, on the other hand, raised concerns about certain provisions, particularly those relating to employee entitlements and work conditions. After careful consideration of the submissions and evidence, the Commission found that the agreement was appropriately negotiated and contained terms that were fair and reasonable. The Commission concluded that the agreement met the statutory criteria for approval.

In its decision, the Commission approved the Cordina Chicken Farms (Maintenance) Enterprise Agreement 2018-2021. The approval was contingent upon the applicants adhering to the terms of the agreement, which the Commission deemed to be fair and reasonable for the employees. The Commission's decision was based on a thorough examination of the negotiation process, the content of the agreement, and the interests of the employees involved. The final orders of the Commission mandated that the applicants implement the approved agreement in accordance with its terms and conditions, effective from the date of the decision.

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