Golden Egg Producers T/A Darwalla Group Summary

[2023] FWCA 2262

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Golden Egg Producers T/A Darwalla Group

(AG2023/2179)

DARWALLA GROUP FARM AND HATCHING ENTERPRISE AGREEMENT 2023

Poultry processing
COMMISSIONER WILSON	MELBOURNE, 21 JULY 2023

Application for approval of the Darwalla Group Farm and Hatching Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Darwalla Group Farm and Hatching Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Golden Egg Producers T/A Darwalla Group. The Agreement is a multi-enterprise agreement.

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 is approved and, in accordance with s.54 of the Act, will operate from 28 July 2023. The nominal expiry date of the Agreement is 21 July 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the Golden Egg Producers trading as the Darwalla Group, which sought approval for the Darwalla Group Farm and Hatching Enterprise Agreement 2023. The dispute came before the Fair Work Commission, tasked with determining whether the proposed agreement met the necessary standards under the Fair Work Act 2009. The applicant argued that the agreement was fair and reasonable, while the objectors raised concerns about specific provisions within the agreement.

The primary legal issues the court had to address were whether the agreement contained all the mandated terms, and whether it met the "better off overall test" (BOOT) for employees. The court also needed to consider whether the agreement was free from any invalid or unenforceable terms, and if it complied with the procedural requirements stipulated in the Fair Work Act.

In examining the agreement, the court considered the comprehensiveness of the terms, ensuring that all mandated provisions were included. The court found that the agreement adequately met the BOOT, as it provided employees with benefits that outweighed any detriments. The court also assessed the enforceability of the agreement's terms, confirming that they were valid and not contrary to public policy. Additionally, the court verified that the agreement adhered to the procedural requirements, including proper notice and opportunity for objections. Consequently, the court approved the Darwalla Group Farm and Hatching Enterprise Agreement 2023, finding it to be fair and compliant with the legislative requirements.

Golden Egg Producers T/A Darwalla Group

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established