Hazeldene’s Chicken Farm Pty Ltd

[2014] FWCA 6848

[2014] FWCA 6848

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hazeldene’s Chicken Farm Pty Ltd
(AG2014/7590)

HAZELDENE’S CHICKEN FARM PTY LTD BREEDER FARMS ENTERPRISE AGREEMENT 2013

Agricultural industry
COMMISSIONER LEWIN	MELBOURNE, 30 SEPTEMBER 2014

Application for approval of the Hazeldene’s Chicken Farm Pty Ltd Breeder Farms Enterprise Agreement 2013.

[1] An application has been made under s.185 of the Fair Work Act 2009 (the Act) for approval of an enterprise agreement known as the Hazeldene’s Chicken Farm Pty Ltd Breeder Farms Enterprise Agreement 2013 (the Agreement). The application has been made by Hazeldene’s Chicken Farm Pty Ltd (Hazeldene’s Chicken Farm). The Agreement is a single enterprise agreement.

[2] The application for approval of this Agreement was filed by Ms Pauline Grima of Hazeldene’s Chicken Farm on 19 September 2014.

[3] On reading the terms of the Agreement, I became concerned that the Agreement did not pass the better off overall test as the Agreement, when compared to the Pastoral Award 2010 (the Award), appeared to allow the employer to unilaterally change the hours of work of a part-time employee, whereas clause 10.3(d) of the Award provides that changes in hours may only be made by agreement between the employer and the employee and must be recorded in writing. I have accepted an undertaking from Hazeldene’s Chicken Farm that the terms of clause 10.3(d) of the Award will prevail over clause 13.2(c) of the Agreement. The undertaking is attached as Attachment A. I am satisfied that the undertaking meets the requirements prescribed by s.190 of the Act.

[4] The Agreement was listed for e-hearing, in chambers, before me at 2:00pm on 30 September 2014. All parties to the Agreement, including the employee bargaining representatives, were notified of the e-hearing.

[5] 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.

[6] The Agreement is approved and in accordance with s.54 of the Act, will operate from seven days after the date of approval of the Agreement by the Fair Work Commission. The nominal expiry date of the Agreement is 1 July 2016.

COMMISSIONER

Attachment A:

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