Hazeldenes Chicken Farm Pty Ltd

[2019] FWCA 5683

[2019] FWCA 5683

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hazeldenes Chicken Farm Pty Ltd
(AG2019/2475)

HAZELDENES CHICKEN FARM PTY LTD HATCHERY ENTERPRISE AGREEMENT 2019-2022

Agricultural industry
DEPUTY PRESIDENT YOUNG	MELBOURNE, 15 AUGUST 2019

Application for approval of the Hazeldenes Chicken Farm Pty Ltd Hatchery 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 Hatchery 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 certain provisions 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 15 August 2019 and, in accordance with s 54, will operate from 22 August 2019. The nominal expiry date of the Agreement is 1 August 2022.

DEPUTY PRESIDENT

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Annexure A