Hazeldenes Chicken Farm Pty Ltd
[2019] FWC 5803
•20 AUGUST 2019
| [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
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Annexure A
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