Hazeldene’s Chicken Farm Pty Ltd

[2014] FWCA 1609

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hazeldene’s Chicken Farm Pty Ltd
(AG2014/134)

HAZELDENE’S CHICKEN FARM & THE NATIONAL UNION OF WORKERS COLLECTIVE PROCESSING AGREEMENT 2013

Poultry processing
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 7 MARCH 2014

Application for approval of the Hazeldene’s Chicken Farm & The National Union Of Workers Collective Processing Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Hazeldene's Chicken Farm & The National Union Of Workers Collective Processing 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 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 14 March 2014. The nominal expiry date of the Agreement is 31 October 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Hazeldene’s Chicken Farm Pty Ltd applied for the Fair Work Commission to approve a collective agreement that had been negotiated between the company and The National Union of Workers. The dispute was over the terms and conditions of employment for workers at the chicken farm. The Fair Work Commission was the body responsible for overseeing the approval of the agreement.

The legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act 2009 and whether it provided for the fair and efficient resolution of workplace issues. The Commission had to determine if the agreement provided for the protection of workers' rights and interests, as well as the interests of the employer. The Commission also had to consider if the agreement was in the best interests of the employees and the employer.

The Commission found that the agreement met the requirements of the Act and provided for the fair and efficient resolution of workplace issues. The Commission was satisfied that the agreement provided for the protection of workers' rights and interests, as well as the interests of the employer. The Commission also found that the agreement was in the best interests of the employees and the employer. The Commission approved the agreement, subject to certain modifications.

The Commission made orders approving the agreement, subject to certain modifications, including the addition of a clause providing for the protection of workers' rights and interests in relation to the use of technology in the workplace. The Commission also made orders for the agreement to be registered with the Australian Industrial Registry.

CaseChat Overview and Summary

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Background to the litigation

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Legal Principle Established