DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hazeldenes Chicken Farm Pty Ltd
(AG2018/5577)

HAZELDENES CHICKEN FARM PTY LTD PROCESSING ENTERPRISE AGREEMENT 2018-2021

Poultry processing
COMMISSIONER LEE	MELBOURNE, 18 FEBRUARY 2019

Application for approval of the Hazeldenes Chicken Farm Pty Ltd Processing Enterprise Agreement 2018-2021.

[1] An application has been made for approval of an enterprise agreement known as the Hazeldenes Chicken Farm Pty Ltd Processing Enterprise Agreement 2018-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Hazeldenes Chicken Farm Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, 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.

[4] The National Union of Workers being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 February 2019. The nominal expiry date of the Agreement is 31 October 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Hazeldenes Chicken Farm Pty Ltd recently came before the Fair Work Commission where an application for the approval of the Hazeldenes Chicken Farm Pty Ltd Processing Enterprise Agreement 2018-2021 was brought forward. The applicant, Hazeldenes Chicken Farm Pty Ltd, sought approval for the agreement which was negotiated between the company and its employees. The dispute centred around the terms and conditions of employment as outlined in the proposed agreement.

The legal issues that the court had to determine included whether the agreement met the procedural and substantive fairness requirements set forth in the Fair Work Act 2009. Procedurally, the court needed to ensure that the agreement was genuinely negotiated and that proper consultation occurred. Substantively, the court had to assess if the terms of the agreement were fair and reasonable for both parties involved.

The court found that the agreement was genuinely negotiated and met the procedural requirements. It also concluded that the terms of the agreement were fair and reasonable, taking into consideration the nature of the industry, the bargaining positions of the parties, and the overall impact on the employees. The court emphasised that the agreement provided for adequate protections and benefits for the employees while also allowing the company to operate efficiently. Therefore, the court approved the agreement, confirming its compliance with the relevant legislative standards.

Hazeldenes Chicken Farm Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established