Hazeldenes Chicken Farm Pty Ltd

[2024] FWCA 801

[2024] FWCA 801

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.210—Enterprise agreement

Hazeldenes Chicken Farm Pty Ltd

(AG2023/5557)

HAZELDENES CHICKEN FARM PTY LTD HATCHERY ENTERPRISE AGREEMENT 2023

Poultry processing
COMMISSIONER MIRABELLA	MELBOURNE, 5 MARCH 2024

Application for variation of the Hazeldenes Chicken Farm Pty Ltd Hatchery Enterprise Agreement 2023.

1. An application has been made for approval of a variation to the Hazeldenes Chicken Farm Pty Ltd Hatchery Enterprise Agreement 2023 (the Agreement). The application was made by Hazeldenes Chicken Farm Pty Ltd pursuant to s.210 of the Fair Work Act 2009 (the Act).

1. The application seeks to vary clause 23.1(c) of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

1. I am satisfied that each of the requirements of sections 210 and 211 of the Act, as are relevant to this application for approval, has been met.

1. The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

1. 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.

1. I observe that the following provisions are likely to be inconsistent with the National Employment Standards (the NES):

• Clause 13.2 – Termination

• Clause 33 – Compassionate leave

1. However, noting clause 6 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The variation was approved on 5 March 2024 and will operate from that day.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE521761  PR772030>

Annexure A