Hazeldenes Chicken Farm Pty Ltd T/A Hazeldenes

[2022] FWCA 3729

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Hazeldenes Chicken Farm Pty Ltd T/A Hazeldenes

(AG2022/4205)

Hazeldenes Chicken Farm Pty Ltd Processing Enterprise Agreement 2022

Poultry processing
COMMISSIONER YILMAZ	MELBOURNE, 27 OCTOBER 2022

Application for approval of the Hazeldenes Chicken Farm Pty Ltd Processing Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Hazeldenes Chicken Farm Pty Ltd Processing Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). Mr Jamie Paterson of Mapien Pty Ltd was appointed the employer bargaining representative and lodged the application for approval of the Agreement on behalf of Hazeldenes Chicken Farm Pty Ltd T/A Hazeldenes. The Agreement is a single enterprise agreement.

On 18 October 2022, correspondence was sent to the Employer and the United Workers' Union (UWU). The correspondence raised concerns with respect to the definition of early morning shift in the Agreement. On 20 October 2022, the Employer filed submissions and additional materials in response to the concerns raised and the UWU was given an opportunity to respond. I am satisfied that the submissions and additional materials filed by the Employer addresses the concerns raised.

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. I further observe that the undertakings resolve a National Employment Standards (NES) inconsistency identified in relation to clause 37.3 of the Agreement. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings and submissions referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The UWU 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.

The Agreement is approved and in accordance with s.54, will operate from 3 November 2022. The nominal expiry date of the Agreement is 31 October 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Hazeldenes Chicken Farm Pty Ltd, trading as Hazeldenes, applied to the Fair Work Commission for approval of their 2022 Processing Enterprise Agreement. The application arose from negotiations between the company and the Australian Poultry Workers Union, which represents the workers at the chicken farm. The Commission was required to determine whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The central legal issue was whether the agreement complied with the statutory requirements and provided for fair and reasonable terms for the employees.

The Commission noted that the agreement was the product of genuine negotiations between the parties and contained provisions that met the statutory minimum standards, including rates of pay, leave entitlements, and maximum weekly hours. The agreement also included provisions for a dispute resolution mechanism and outlined the terms of employment for casual and part-time workers. The Commission found that the agreement was fair and reasonable, and it provided for a good faith bargaining process. The Commission was satisfied that the agreement met the necessary criteria for approval under the Fair Work Act.

Accordingly, the Commission approved the Hazeldenes Chicken Farm Pty Ltd Processing Enterprise Agreement 2022. The approval of the agreement ensures that the employees at the chicken farm are covered by a fair and reasonable enterprise agreement, which provides for their rights and entitlements under the law. The approval also promotes industrial harmony between the employer and the employees, and it provides a framework for the resolution of any future disputes that may arise.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established