Hazeldenes Chicken Farm Pty Ltd

Case •

[2024] FWCA 484

•

2 FEBRUARY 2024
[2024] FWCA 484

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.210 - Application for approval of a variation of an enterprise agreement

Hazeldenes Chicken Farm Pty Ltd

(AG2023/5445)

HAZELDENES CHICKEN FARM PTY LTD FARMING ENTERPRISE AGREEMENT 2023 - 2026

Poultry processing

COMMISSIONER YILMAZ

MELBOURNE, 2 FEBRUARY 2024

Application for variation of the HAZELDENES CHICKEN FARM PTY LTD FARMING ENTERPRISE AGREEMENT 2023 – 2026

  1. An application has been made for approval of a variation to the HAZELDENES CHICKEN FARM PTY LTD FARMING ENTERPRISE AGREEMENT 2023 – 2026 (the Agreement). The application was made by Hazeldenes Chicken Farm Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act).

  1. The application seeks to vary various clauses 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 ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

  1. The Applicant provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on 31 July 2023. Those undertakings form part of the Agreement as varied.

  1. I observe that provisions of the Agreement concerning casual conversion and compassionate leave are likely to be inconsistent with the National Employment Standards (NES).  However, noting clause 6 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

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

  1. In accordance with s.216 of the Act, the variation operates from 2 February 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE520904  PR770921>

Annexure A


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