Hazeldenes Chicken Farm Pty Ltd T/A Hazeldenes
[2022] FWCA 3729
•27 OCTOBER 2022
| [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
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Annexure A
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