DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cordina Chicken Farms Pty Ltd
(AG2016/1589)

CORDINA CHICKEN FARMS PTY LTD (GIRRAWEEN PLANT) ENTERPRISE AGREEMENT 2016 - 2019

Poultry processing
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 10 AUGUST 2016

Application for approval of the Cordina Chicken Farms Pty Ltd (Girraween Plant) Enterprise Agreement 2016 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Cordina Chicken Farms Pty Ltd (Girraween Plant) Enterprise Agreement 2016 - 2019 (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.

[2] 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 Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] 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) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 10 August 2016 and, in accordance with s.54, will operate from 17 August 2016. The nominal expiry date of the Agreement is 31 May 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Cordina Chicken Farms Pty Ltd applied to the Fair Work Commission for approval of the Cordina Chicken Farms Pty Ltd (Girraween Plant) Enterprise Agreement 2016 - 2019. The applicants were the employer, Cordina Chicken Farms Pty Ltd, and the respondents were various unions representing employees of the Girraween Plant. The dispute centred around the terms and conditions of employment as outlined in the proposed enterprise agreement, including wage rates, working conditions, and other employment-related matters.

The primary legal issue before the court was whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the court needed to determine if the agreement met the criteria for "better off overall" and "no disadvantaged" tests, ensuring that it did not disadvantage employees and provided them with improved conditions or outcomes compared to the applicable award or previous agreement.

The Fair Work Commission examined the evidence and submissions presented by both parties, considering the economic context, the terms of the proposed agreement, and the impact on the employees. The Commission concluded that the proposed agreement did not disadvantage any employee and provided improved conditions or outcomes overall, thus meeting the legal requirements for approval. Consequently, the application was approved, and the enterprise agreement was certified as meeting the necessary standards.

The final orders included the certification of the Cordina Chicken Farms Pty Ltd (Girraween Plant) Enterprise Agreement 2016 - 2019, effective from the date of the decision, and the agreement came into force as a registered instrument.

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