Hazeldenes Chicken Farm Pty Ltd Summary

[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

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).

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

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.

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.

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

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

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 for a variation of the Hazeldenes Chicken Farm Pty Ltd Farming Enterprise Agreement 2023–2026. The application was made by the employer to modify the terms of the agreement, which currently regulates the employment conditions of workers in the chicken farming industry. The dispute centred on changes to the working hours, wages, and conditions of employment that the employer sought to implement. The Fair Work Commission was tasked with assessing the application under the Fair Work Act 2009 and deciding whether the proposed variations met the criteria for approval.

The primary legal issue before the Commission was whether the proposed changes to the enterprise agreement were fair and reasonable, as required by section 234 of the Fair Work Act. This involved a consideration of whether the changes would have a significant beneficial effect on the productivity, efficiency, or profitability of the business, without adversely affecting the employees. The Commission also needed to assess whether the changes were necessary to maintain the competitiveness of the employer in the chicken farming industry. Furthermore, the Commission had to ensure that the proposed changes did not undermine the employees' rights and entitlements under the National Employment Standards and other applicable awards.

In reaching its decision, the Commission considered the evidence and submissions provided by both the employer and the employees' representative. The Commission evaluated the potential impact of the proposed changes on the business's operational efficiency and financial sustainability. It also examined whether the changes were necessary to address specific challenges faced by the employer in the current economic climate. The Commission concluded that the proposed variations were fair and reasonable, as they would not adversely affect the employees' conditions of employment and were necessary to maintain the employer's competitiveness in the industry. Consequently, the application was approved, and the enterprise agreement was varied accordingly.

The Fair Work Commission ordered that the Hazeldenes Chicken Farm Pty Ltd Farming Enterprise Agreement 2023–2026 be varied as per the terms outlined in the application. The variation included changes to the working hours, wages, and conditions of employment, effective from the date of the Commission's decision. This decision was made in accordance with the Fair Work Act 2009 and ensures that the enterprise agreement reflects the current needs of the employer and the employees, while maintaining a fair and balanced approach to industrial relations in the chicken farming industry.

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