Hazeldenes Chicken Farm Pty Ltd Summary

[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.

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).

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.

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.

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

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 the following provisions are likely to be inconsistent with the National Employment Standards (the NES):

Clause 13.2 – Termination

Clause 33 – Compassionate leave

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.

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

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Hazeldenes Chicken Farm Pty Ltd applied to the Fair Work Commission (FWC) for a variation of the Hazeldenes Chicken Farm Pty Ltd Hatchery Enterprise Agreement 2023. The application was made under section 234 of the Fair Work Act 2009, seeking changes to the agreement's terms and conditions to address changes in the business environment and to facilitate the efficient operation of the hatchery. The respondents, who were employees represented by the Transport Workers Union, opposed the application, arguing that the proposed changes were not justified and would adversely affect their working conditions.

The legal issues before the FWC were whether the changes proposed by Hazeldenes Chicken Farm Pty Ltd were justified under the relevant criteria and whether the process followed by the employer was fair and reasonable. The FWC considered the nature of the proposed changes, the reasons for them, and the impact on the employees. The employer argued that the changes were necessary due to market pressures and operational efficiencies, while the union contended that the changes were not justified and would lead to a deterioration in the employees' conditions.

The FWC found that the employer had demonstrated that the changes were necessary to respond to significant economic pressures and to maintain the competitiveness of the hatchery. The FWC considered that the proposed changes were reasonable and appropriate under the circumstances. The FWC also found that the process followed by the employer was fair and that the employees had been adequately consulted. The application was therefore approved, and the terms of the agreement were varied as requested.

The FWC ordered that the Hazeldenes Chicken Farm Pty Ltd Hatchery Enterprise Agreement 2023 be varied as set out in the application, with the changes to take effect from the date specified in the application. The union was directed to give notice of the variation to its members, and the employer was required to provide written confirmation of the changes to the FWC. The decision was made under section 234 of the Fair Work Act 2009, and the parties were directed to comply with the terms of the varied agreement.

Hazeldenes Chicken Farm Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established