Hazeldene’s Chicken Farm Pty Ltd

[2014] FWCA 4877

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hazeldene’s Chicken Farm Pty Ltd
(AG2014/1531)

HAZELDENE’S CHICKEN FARM PTY LTD HATCHERY ENTERPRISE AGREEMENT 2013

Agricultural industry
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 21 JULY 2014

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

[1] An application has been made for approval of an enterprise agreement known as the Hazeldene's Chicken Farm Pty Ltd Hatchery 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 concerns that have been addressed by way of undertakings, 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 undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The agreement does not contain a consultation term with the content required by s.205(1) and (1A) of the Act. Accordingly, in accordance with s.205(2), the model consultation term contained in Schedule 2.3 of the Fair Work Regulations 2009 is taken to be a term of the agreement.

[5] The Australian Workers’ Union, 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 July 2014. The nominal expiry date of the Agreement is 1 July 2016.

DEPUTY PRESIDENT

ATTACHMENT A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Hazeldene’s Chicken Farm Pty Ltd applied to the Fair Work Commission for approval of a new enterprise agreement. The agreement was between the company and its employees, covering matters such as wages, conditions, and dispute resolution. The Fair Work Commission was the body responsible for assessing the application.

The central legal issues revolved around whether the agreement met the requirements of the Fair Work Act 2009, particularly the provision that it must not prejudiously affect employees. The court needed to determine if the agreement unfairly disadvantaged the workers, and if it complied with the process for fair and independent bargaining. Additionally, the court had to consider if the agreement was in the best interests of the employees, including whether it provided fair and reasonable terms.

In its decision, the Fair Work Commission examined the specifics of the agreement, including its terms and the process by which it was negotiated. The court found that the agreement did not unfavourably affect employees, and it was the product of a fair and independent bargaining process. The commission concluded that the agreement provided fair and reasonable terms for the employees and met all legal requirements. Consequently, the Fair Work Commission approved the application for the agreement.

The Fair Work Commission ordered that the Hazeldene’s Chicken Farm Pty Ltd Hatchery Enterprise Agreement 2013 be approved and registered. The agreement was to be in effect from the date of the decision and would govern the terms and conditions of employment for the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established