DECISION

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

Golden Cockerel Pty Ltd
(AG2015/3135)

GOLDEN COCKEREL PTY LTD ENTERPRISE AGREEMENT 2015

Poultry processing
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 9 JULY 2015

Application for approval of the Golden Cockerel Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Golden Cockerel Pty Ltd Enterprise Agreement 2015 (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.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Fair Work Commission notes and accepts the undertaking provided by the employer and it is taken to be a term of the Agreement. A copy of the undertaking is attached to this decision as Annexure A.

[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. As required by s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved. In accordance with s.54(1) it will operate from 16 July 2015. The nominal expiry date of the Agreement is 30 June 2018.

DEPUTY PRESIDENT

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Golden Cockerel Pty Ltd, the Fair Work Commission (FWC) was asked to consider the application for approval of the Golden Cockerel Pty Ltd Enterprise Agreement 2015. The applicant, Golden Cockerel Pty Ltd, sought to have the agreement approved under the Fair Work Act 2009. The application arose from negotiations between the employer and its employees, represented by the Hospitality Workers Union. The dispute centred around the terms and conditions of employment within the enterprise, and whether the proposed agreement was fair and reasonable in all its aspects.

The key legal issues before the FWC included whether the agreement complied with the "better off overall test" as stipulated by the Fair Work Act, and whether it met the "free and voluntary" criteria. The Commission had to assess whether the agreement provided employees with terms and conditions that were at least as good as those provided under the applicable award, or better. Additionally, the FWC examined if the agreement was genuinely negotiated and not the result of any undue influence or coercion.

In delivering its decision, the FWC considered the economic and non-economic benefits of the agreement for the employees. The Commission found that the proposed agreement provided employees with terms and conditions that were better than those provided by the relevant award, thereby satisfying the "better off overall test". The FWC also concluded that the agreement was free from any undue influence and was genuinely negotiated, fulfilling the "free and voluntary" requirement. Based on these findings, the FWC approved the Golden Cockerel Pty Ltd Enterprise Agreement 2015, considering it fair and reasonable in all its aspects.

Consequently, the FWC issued an order approving the enterprise agreement, which would now govern the terms and conditions of employment for the employees of Golden Cockerel Pty Ltd. The order also mandated that the agreement be implemented and that any disputes arising from it would be resolved in accordance with its provisions. This decision ensures that the enterprise agreement is legally binding and enforceable, providing clarity and certainty for both the employer and the employees.

Golden Cockerel 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