DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Golden Cockerel Pty Ltd T/A Golden Cockerel
(AG2018/6509)

GOLDEN COCKEREL PTY LTD (PRODUCTION AND DISTRIBUTION EMPLOYEES) ENTERPRISE AGREEMENT 2018

Poultry industry
COMMISSIONER BISSETT	MELBOURNE, 13 MAY 2019

Application for approval of the Golden Cockerel Pty Ltd (Production and Distribution Employees) Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Golden Cockerel Pty Ltd (Production and Distribution Employees) Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Golden Cockerel Pty Ltd T/A Golden Cockerel. The Agreement is a single enterprise agreement.

[2] 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.

[3] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[4] Subject to the Undertakings, 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 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 May 2019. The nominal expiry date of the Agreement is 12 November 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Golden Cockerel Pty Ltd trading as Golden Cockerel, with the Fair Work Commission (FWC) being asked to approve the Golden Cockerel Pty Ltd (Production and Distribution Employees) Enterprise Agreement 2018. The dispute centred on the terms of the proposed agreement, with various stakeholders raising objections to specific provisions. The matter was heard in the Fair Work Commission.

The central legal issues revolved around the fairness and compliance of the proposed enterprise agreement under the Fair Work Act 2009. The objectors argued that certain clauses were not in the best interests of the employees and did not meet the statutory requirements for good faith bargaining and procedural fairness. The Commission had to determine whether the agreement met the necessary standards for approval and whether any of the provisions were unfair or not genuinely bargained for.

The Fair Work Commission examined the arguments presented by both parties, scrutinising the procedural fairness of the bargaining process and the content of the agreement. The Commission found that the agreement was generally fair and met the statutory criteria for approval. It held that the process of reaching the agreement was conducted in good faith, and the terms were genuinely bargained for. The Commission also noted that the agreement provided for fair and reasonable terms and conditions for the employees, taking into account their interests and the business's needs.

The Fair Work Commission approved the Golden Cockerel Pty Ltd (Production and Distribution Employees) Enterprise Agreement 2018, finding it to be fair and compliant with the statutory requirements. The decision confirmed that the agreement was a genuine result of good faith bargaining and met the necessary standards for approval under the Fair Work Act 2009. The Commission's decision provided clarity on the terms of the agreement and ensured that the employees' interests were adequately protected.

Golden Cockerel Pty Ltd T/A Golden Cockerel

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established