Hazeldenes Chicken Farm Pty Ltd T/A Hazeldenes Chicken Farm Pty Ltd

[2022] FWCA 2429

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Hazeldenes Chicken Farm Pty Ltd T/A Hazeldenes Chicken Farm Pty Ltd

(AG2022/2350)

HAZELDENES CHICKEN FARM PTY LTD DISTRIBUTION DRIVERS ENTERPRISE AGREEMENT 2022

Poultry processing
COMMISSIONER O'NEILL	MELBOURNE, 22 JULY 2022

Application for approval of the HAZELDENES CHICKEN FARM PTY LTD DISTRIBUTION DRIVERS ENTERPRISE AGREEMENT 2022

Hazeldenes Chicken Farm Pty Ltd has applied for approval of an enterprise agreement known as the HAZELDENES CHICKEN FARM PTY LTD DISTRIBUTION DRIVERS 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.

I observe that clause 37.2 is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 5.2 of the Agreement, 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 29 July 2022. The nominal expiry date of the Agreement is 1 July 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Hazeldenes Chicken Farm Pty Ltd, trading as Hazeldenes Chicken Farm Pty Ltd, sought approval for the Hazeldenes Chicken Farm Pty Ltd Distribution Drivers Enterprise Agreement 2022. The application was made under the Fair Work Act 2009 (Cth). The dispute involved the terms of the proposed enterprise agreement and its compliance with the legislative requirements for fair work agreements.

The court was required to determine whether the proposed agreement met the statutory criteria for approval, including whether it provided for fair and reasonable terms and conditions of employment and whether it adhered to the provisions of the Fair Work Act. The court also needed to consider whether the agreement had been made in good faith and whether it included appropriate mechanisms for dispute resolution.

In delivering the decision, the court found that the proposed enterprise agreement contained terms that were fair and reasonable for the employees and the employer. The court held that the agreement satisfied all statutory requirements for approval. It was concluded that the agreement was made in good faith and provided sufficient dispute resolution mechanisms. The court approved the Hazeldenes Chicken Farm Pty Ltd Distribution Drivers Enterprise Agreement 2022, confirming its compliance with the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established