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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Hazeldenes Chicken Farm Pty Ltd was the subject of an application before the Fair Work Commission (FWC) for the approval of the Hazeldenes Chicken Farm Pty Ltd Hatchery Enterprise Agreement 2019-2022. The applicant, Hazeldenes Chicken Farm Pty Ltd, sought to have the agreement recognised as a registered agreement under the Fair Work Act 2009. The dispute centred around whether the agreement met the necessary criteria for registration, including compliance with procedural requirements and fairness in terms of its provisions.

The FWC was tasked with determining whether the application for approval of the agreement adhered to the statutory requirements outlined in the Fair Work Act. This included an assessment of whether the agreement was made in good faith and whether it contained the essential minimum terms. The FWC also needed to consider whether the agreement was made without coercion and whether the process for its creation was procedurally fair. Given the nature of the dispute, the FWC had to examine the fairness of the agreement's terms and whether they were in line with the broader industrial relations framework.

Upon reviewing the application and the supporting documentation, the FWC found that the agreement was made in good faith, without coercion, and followed a fair process. The terms of the agreement were considered fair and met the essential minimum standards as per the Fair Work Act. The FWC approved the agreement, recognising it as a registered agreement. This decision allowed the agreement to have legal effect and be enforceable between the parties involved.

The FWC's final order was to approve the application for the registration of the Hazeldenes Chicken Farm Pty Ltd Hatchery Enterprise Agreement 2019-2022. The agreement was to be registered and could be used as a basis for resolving employment-related disputes between the employer and the employees covered by the agreement.

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