DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hazeldene’s Chicken Farm PTY LTD
(AG2016/1558)

HAZELDENE’S CHICKEN FARM PTY LTD BREEDER FARMS ENTERPRISE AGREEMENT 2016

Agricultural industry
COMMISSIONER LEE	MELBOURNE, 14 JULY 2016

Application for approval of the Hazeldene’s Chicken Farm Pty Ltd Breeder Farms Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Hazeldene's Chicken Farm Pty Ltd Breeder Farms Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Hazeldene’s Chicken Farm 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 July 2016. The nominal expiry date of the Agreement is 1 July 2019.

COMMISSIONER

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CaseChat Overview and Summary

Hazeldene’s Chicken Farm Pty Ltd applied to the Fair Work Commission for the approval of the Hazeldene’s Chicken Farm Pty Ltd Breeder Farms Enterprise Agreement 2016. The application was contested by the Poultry Workers Union. The dispute centred on whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The key legal issues were whether the agreement complied with the procedural requirements for making an enterprise agreement, and whether the agreement contained genuine terms and conditions of employment. The court had to consider if the agreement was made in good faith and if it had been properly negotiated.

The Fair Work Commission found that the application met the procedural requirements, as the agreement had been made following a genuine process of negotiation between the employer and the union. The court also determined that the agreement contained genuine terms and conditions of employment, as it provided for minimum rates of pay, penalty rates, and other entitlements. The commission concluded that the agreement was made in good faith, and approved the application.

The Fair Work Commission approved the Hazeldene’s Chicken Farm Pty Ltd Breeder Farms Enterprise Agreement 2016. The agreement is now legally binding on all employees covered by the agreement.

Hazeldene’s Chicken Farm 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