Cordina Chicken Farms Pty Ltd T/A Cordina

[2022] FWCA 3169

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Cordina Chicken Farms Pty Ltd T/A Cordina

(AG2022/3571)

Cordina Chicken Farms (Maintenance) Enterprise Agreement 2021-2024

Poultry processing
DEPUTY PRESIDENT MASSON	MELBOURNE, 13 SEPTEMBER 2022

Application for approval of the Cordina Chicken Farms (Maintenance) Enterprise Agreement 2021-2024.

An application has been made for approval of an enterprise agreement known as the Cordina Chicken Farms (Maintenance) Enterprise Agreement 2021-2024 (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 T/A Cordina. The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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 changes to the Agreement. The undertakings are taken to be a term of the Agreement.

The Form F17 does not indicate whether a copy of the incorporated Award was made available to employees. Consequently, submissions were sought from the Employer in relation to this concern and the Employer made submissions that a copy of the Award was not provided to employees. Employees were therefore not given a copy of or provided with access to the incorporated Award during the access period as required by s.180(2) of the Act. However, I am satisfied that in all of the circumstances and having regard to the Full Bench decision in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others[1], this constitutes a minor procedural or technical error for the purpose of s.188(2)(a). Further, I am satisfied that the employees covered by the Agreement were not likely to be disadvantaged by the error.

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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 September 2022. The nominal expiry date of the Agreement is 12 September 2025.

DEPUTY PRESIDENT

Annexure A

[1] [2019] FWCFB 318.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Cordina Chicken Farms Pty Ltd, trading as Cordina, applied for the approval of the Cordina Chicken Farms (Maintenance) Enterprise Agreement 2021-2024. The applicant sought to have the agreement, which was negotiated between the employer and the employees' union, Fair Work Commission, formally approved. This would render it a legally binding document between the employer and the employees.

The key legal issues before the court were whether the agreement complied with the relevant provisions of the Fair Work Act 2009, including whether it met the requirements for good faith bargaining and whether it provided for a fair and equitable outcome for the employees. The court also needed to consider if the agreement addressed all the necessary bargaining matters and if it was made in good faith. Furthermore, the court had to examine whether the agreement was consistent with the Fair Work (Transition to Terminate) Act 2021, given the transition to termination provisions that had been in place.

The Fair Work Commission found that the agreement was made in good faith and met all the necessary requirements under the Fair Work Act 2009. The court considered the evidence provided by both parties and determined that the agreement was fair and equitable for the employees. The agreement was found to address all the necessary bargaining matters and was consistent with the transition to termination provisions of the Fair Work (Transition to Terminate) Act 2021. The court approved the Cordina Chicken Farms (Maintenance) Enterprise Agreement 2021-2024, making it a legally binding document between the employer and the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established