Hazeldene’s Chicken Farm Pty Ltd

[2014] FWCA 6392

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hazeldene’s Chicken Farm Pty Ltd
(AG2014/7072)

HAZELDENE’S CHICKEN FARM DISTRIBUTION, HATCHERY & FARMS DRIVERS ENTERPRISE AGREEMENT 2013

Poultry processing
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 12 SEPTEMBER 2014

Application for approval of the Hazeldene’s Chicken Farm Distribution, Hatchery & Farms Drivers Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Hazeldene's Chicken Farm Distribution, Hatchery & Farms Drivers Enterprise Agreement 2013 (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 a concern 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 undertakings 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] The National 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 19 September 2014. The nominal expiry date of the Agreement is 1 March 2017.

DEPUTY PRESIDENT

ATTACHMENT A

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CaseChat Overview and Summary

Hazeldene’s Chicken Farm Pty Ltd applied for the approval of the Hazeldene’s Chicken Farm Distribution, Hatchery & Farms Drivers Enterprise Agreement 2013. The application was heard in the Fair Work Commission, which is responsible for the approval of enterprise agreements under the Fair Work Act 2009. The application was brought by Hazeldene’s Chicken Farm, which sought to implement the agreement with its drivers, represented by the Transport Workers Union. The dispute centred on whether the proposed agreement complied with the requirements of the Fair Work Act, specifically whether it was a genuine enterprise agreement and met the ‘better off overall test’.

The court was required to decide whether the proposed agreement met the statutory requirements under the Fair Work Act. This included examining whether the agreement was genuinely an enterprise agreement, whether it was negotiated in good faith, and whether it passed the ‘better off overall test’. This test requires that the agreement be at least as good as the applicable award or modern award in all respects, and better in at least one respect. The court also needed to consider the process by which the agreement was negotiated and whether there were any procedural issues that might invalidate the agreement.

In its decision, the Fair Work Commission found that the proposed agreement was genuinely an enterprise agreement, negotiated in good faith, and met the ‘better off overall test’. The Commission noted that the agreement provided for a number of benefits to the drivers, including improved wages and conditions, and that these benefits outweighed any detriments. The Commission also found that the negotiation process was conducted appropriately and in compliance with the requirements of the Fair Work Act. As a result, the Commission approved the proposed agreement.

The Fair Work Commission approved the Hazeldene’s Chicken Farm Distribution, Hatchery & Farms Drivers Enterprise Agreement 2013, finding that it met the statutory requirements under the Fair Work Act. The agreement was deemed to be a genuine enterprise agreement, negotiated in good faith, and passed the ‘better off overall test’. The Commission found that the agreement provided for improved wages and conditions for the drivers, and that these benefits outweighed any detriments. The negotiation process was also found to be appropriate and in compliance with the Act. The agreement is now in force and binding on the parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established