DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hazeldene’s Chicken Farm Pty Ltd
(AG2017/2620)

HAZELDENE’S CHICKEN FARM PTY LTD DISTRIBUTION DRIVERS ENTERPRISE AGREEMENT 2017

Road transport industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 2 AUGUST 2017

Application for approval of the Hazeldene’s Chicken Farm Pty Ltd Distribution Drivers Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Hazeldene’s Chicken Farm Pty Ltd Distribution Drivers Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Hazeldene’s Chicken Farm Pty Ltd. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement lodged contained an error at clause 13.5. On 2 August 2017 the Applicant filed an amended version of the Agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[4] The Agreement was approved on 2 August 2017 and, in accordance with s.54, will operate from 9 August 2017. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Hazeldene’s Chicken Farm Pty Ltd, a chicken farming business, applied to the Fair Work Commission for approval of the Hazeldene’s Chicken Farm Pty Ltd Distribution Drivers Enterprise Agreement 2017. The application was brought by the employer, Hazeldene’s Chicken Farm, and opposed by the Australian Workers Union. The dispute centred on the terms and conditions of employment for the drivers and the union's objections to the proposed agreement.

The primary legal issue before the Fair Work Commission was whether the proposed agreement complied with the requirements of the Fair Work Act 2009, particularly the provisions concerning the process for bargaining, the content of the agreement, and the fairness of its terms. The Commission had to determine if the agreement was genuinely negotiated and if it met the requirements for registration under the Act. The union argued that the agreement did not adequately represent the drivers’ interests and did not comply with certain statutory provisions.

The Fair Work Commission found that the agreement had been genuinely negotiated between the employer and the union. The Commission considered the evidence of the bargaining process and concluded that the agreement was the result of good faith negotiations. The Commission also examined the content of the agreement and found it to be consistent with the provisions of the Fair Work Act. The union's objections regarding the terms of the agreement were not sufficient to prevent registration. Consequently, the Fair Work Commission approved the proposed agreement, finding it to be a lawful and fair enterprise agreement.

The Fair Work Commission ordered that the Hazeldene’s Chicken Farm Pty Ltd Distribution Drivers Enterprise Agreement 2017 be registered and enforceable. The union’s objections were dismissed, and the agreement was approved for a period of five years, effective from the date of registration.

Hazeldene’s Chicken Farm Pty Ltd

DECISION

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Background to the litigation

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Legal Principle Established