DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cordina Chicken Farms Pty Ltd
(AG2015/6912)

CORDINA CHICKEN FARMS (MAINTENANCE) ENTERPRISE AGREEMENT 2015 - 2018

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 16 DECEMBER 2015

Application for approval of the Cordina Chicken Farms (Maintenance) Enterprise Agreement 2015 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Cordina Chicken Farms (Maintenance) Enterprise Agreement 2015 - 2018 (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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ 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) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 16 December 2015 and, in accordance with s.54, will operate from 23 December 2015. The nominal expiry date of the Agreement is 31 August 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Cordina Chicken Farms Pty Ltd was the subject of an application for the approval of an enterprise agreement, the Cordina Chicken Farms (Maintenance) Enterprise Agreement 2015 - 2018, before the Fair Work Commission. The application involved determining whether the agreement should be certified as a simple or low-paid enterprise agreement, given its provisions related to wages and conditions for employees of the company. The nature of the dispute centred on the classification of the agreement and the associated implications for employee entitlements and the company’s obligations.

The legal issues before the commission were to decide whether the agreement was a simple or low-paid enterprise agreement and to examine if the agreement complied with the Fair Work Act 2009. Specifically, the commission had to assess if the agreement met the criteria for certification as a simple agreement, which included factors such as the number of employees affected and the complexity of the agreement. Additionally, the commission evaluated if the agreement provided for appropriate minimum wages and conditions, considering the nature of the employees' work and the economic circumstances of the company.

The commission found that the agreement was a simple enterprise agreement, as it did not exceed the specified thresholds for complexity and the number of employees. The commission also determined that the agreement met the necessary requirements under the Fair Work Act, providing for fair and reasonable minimum wages and conditions for the employees. The commission concluded that the agreement was appropriate for certification, given its adherence to the legislative framework and the fair treatment of employees. Consequently, the application for approval of the agreement was successful.

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