Hazeldenes Chicken Farm Pty Ltd

[2019] FWC 5803

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Hazeldenes Chicken Farm Pty Ltd

(AG2019/2431)

Hazeldenes Chicken Farm Pty Ltd Breeder Farms Enterprise Agreement 2019-2022

Agricultural industry
Deputy President Young	MELBOURNE, 20 AUGUST 2019

Application for approval of the Hazeldenes Chicken Farm Pty Ltd Breeder Farms Enterprise Agreement 2019-2022.

Hazeldenes Chicken Farm Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Hazeldenes Chicken Farm Pty Ltd Breeder Farms Enterprise Agreement 2019-2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and the undertakings will not result in substantial changes to the Agreement.

Pursuant to s 202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

I observe that clauses 32.1 and 33.1 of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting the undertaking provided by the Employer, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

Subject to the undertakings referred to above, and on the basis of the material contained in the application, and the accompanying statutory declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met.

The Agreement was approved on 20 August 2019 and, in accordance with s 54, will operate from 27 August 2019. The nominal expiry date of the Agreement is 1 September 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Hazeldenes Chicken Farm Pty Ltd was the subject of an application to the Fair Work Commission for the approval of an enterprise agreement. The applicant, Hazeldenes Chicken Farm Pty Ltd, sought to have the Breeder Farms Enterprise Agreement 2019-2022 approved by the Commission. The primary dispute revolved around whether the agreement contained terms and conditions that were fair and reasonable for the employees, as required by the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement met the "better off overall test" (BOOT), which requires that employees are no worse off financially and have some benefits. Additionally, the Commission needed to consider if the agreement was procedurally sound, including whether the necessary consultation requirements were met, and if the agreement complied with all relevant provisions of the Fair Work Act.

The Commission determined that the agreement met the BOOT, as it included provisions for pay increases, additional leave, and other benefits that provided employees with a net financial gain. The Commission also found that the agreement was procedurally sound, with adequate consultation and agreement from the majority of the workforce. Consequently, the Commission approved the Breeder Farms Enterprise Agreement 2019-2022, finding it to be fair and reasonable.

No further orders were made by the Commission beyond the approval of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established