[2019] FWCA 5806

The attached document wholly replaces the document previously issued with the code [2019] FWC 5803 on 20 August 2019 to correct document referencing.

Associate to Deputy President Young

21 August 2019.

[2019] FWCA 5806

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—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.

[1] 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.

[2] 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.

[3] 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.

[4] 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.

[5] 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.

[6] 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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Hazeldenes Chicken Farm Pty Ltd applied for the approval of the Hazeldenes Chicken Farm Pty Ltd Breeder Farms Enterprise Agreement 2019-2022, which was before the Fair Work Commission. The applicant sought the approval of the agreement under section 233 of the Fair Work Act 2009. The agreement was a product of negotiations between the applicant and the Australian Chicken Growers’ Association. The applicant proposed to replace the existing Breeder Farms Enterprise Agreement 2017-2020, which had been registered with the Fair Work Commission. The legal issues the court was required to decide were whether the agreement met the requirements of section 230 of the Fair Work Act and whether it provided for the fair and equitable treatment of the employees. The court had to consider whether the agreement provided for the employees' terms and conditions of employment, including their pay rates, hours of work, leave entitlements, and other benefits. The court also had to consider whether the agreement provided for the protection of the employees' rights and interests, including their right to be free from discrimination and their right to be free from unfair dismissal. The court considered the submissions of the parties and the evidence presented before it. The court found that the agreement met the requirements of section 230 of the Fair Work Act and provided for the fair and equitable treatment of the employees. The court approved the agreement and registered it with the Fair Work Commission. The court considered that the agreement provided for the employees' terms and conditions of employment and protected their rights and interests. The court also considered that the agreement was the product of genuine negotiations between the parties and that it was in the best interests of the employees. The court approved the application and registered the agreement with the Fair Work Commission.

Hazeldenes Chicken Farm Pty Ltd

DECISION

Annexure A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established