Hazeldenes Chicken Farm Pty Ltd T/A Hazeldenes Chicken Farm Pty Ltd
[2023] FWCA 427
•13 FEBRUARY 2023
| [2023] FWCA 427 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Hazeldenes Chicken Farm Pty Ltd T/A Hazeldenes Chicken Farm Pty Ltd
(AG2023/43)
Hazeldenes Chicken Farm Pty Ltd Engineering Services Enterprise Agreement 2022
| Poultry processing | |
| DEPUTY PRESIDENT O'NEILL | MELBOURNE, 13 FEBRUARY 2023 |
Application for approval of the Hazeldenes Chicken Farm Pty Ltd Engineering Services Enterprise Agreement 2022
Hazeldenes Chicken Farm Pty Ltd has applied for approval of an enterprise agreement known as the Hazeldenes Chicken Farm Pty Ltd Engineering Services Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is a single enterprise agreement.
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. The undertakings are taken to be a term of the Agreement.
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.
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.
The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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.
I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):
· Clause 37 – Compassionate/Bereavement Leave; and
· Clause 41.3 – Public Holidays.
However, noting the undertakings given 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.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 February 2023. The nominal expiry date of the Agreement is 31 December 2026.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
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Annexure A
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