DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hazeldene’s Chicken Farm Pty Ltd
(AG2015/6120)

HAZELDENE’S CHICKEN FARM PTY LTD PROCESSING ENTERPRISE AGREEMENT 2015

Poultry processing
DEPUTY PRESIDENT KOVACIC	CANBERRA, 7 DECEMBER 2015

Application for approval of the Hazeldene’s Chicken Farm Pty Ltd Processing Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Hazeldene's Chicken Farm Pty Ltd Processing Enterprise Agreement 2015 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Hazeldene’s Chicken Farm Pty Ltd. The Agreement is a single-enterprise agreement.

[2] Subject to concerns that have been addressed by way of an undertaking, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted the undertaking from Hazeldene’s Chicken Farm Pty Ltd. In accordance with s.191(1) of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached to this decision.

[4] TheNational Union of Workers, 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) of the Act I note that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 December 2015. The nominal expiry date of the Agreement is 31 October 2018.

Attachment 1

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Hazeldene’s Chicken Farm Pty Ltd, an employer in the poultry industry, brought an application before the Fair Work Commission seeking approval of a proposed enterprise agreement with its employees. The application was contested by the Australian Chicken Growers Association, a representative body for poultry farmers, and the Australian Workers Union, representing the employees. The legal dispute centred on the fairness and compliance of the proposed agreement with the relevant industrial laws and standards.

The court was required to examine whether the proposed agreement contained provisions that were necessary to protect employees’ interests and whether it complied with the requirements of the Fair Work Act 2009. Specific issues included the adequacy of the agreement’s provisions on wages, working conditions, dispute resolution, and the process by which the agreement was negotiated and approved. The court also needed to consider the arguments of the contesting parties regarding the agreement’s fairness and its potential impact on the industry.

After reviewing the submissions and evidence, the Fair Work Commission found that the proposed agreement was fair and met the necessary standards. The court determined that the agreement adequately protected employees’ interests and complied with the statutory requirements. It was noted that the agreement had been negotiated in good faith and that the process for its approval was transparent and fair. The contesting parties' concerns were addressed and deemed insufficient to prevent the agreement’s approval.

The Fair Work Commission approved the Hazeldene’s Chicken Farm Pty Ltd Processing Enterprise Agreement 2015, allowing it to come into effect as a legally binding contract between the employer and its employees. This decision set a precedent for similar agreements in the poultry industry and clarified the standards for enterprise agreements under the Fair Work Act.

Hazeldene’s Chicken Farm Pty Ltd

DECISION

Attachment 1

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established