Luv - A - Duck Pty Ltd - [2013] FWCA 7919

[2013] FWCA 7919

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Luv - A - Duck Pty Ltd
(AG2013/9714)

LUV-A-DUCK PTY LTD (HATCHERY) AGREEMENT 2013-2017

Agricultural industry
COMMISSIONER LEWIN	MELBOURNE, 9 OCTOBER 2013

Application for approval of the Luv-A-Duck Pty Ltd (Hatchery) Agreement 2013-2017.

[1] An application has been made under s.185 of the Fair Work Act 2009 (the Act) for approval of an Enterprise Agreement known as the Luv-A-duck Pty Ltd (Hatchery) Agreement 2013-201 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Luv-A-Duck Pty Ltd (Luv-A-Duck). The Agreement is a single Enterprise Agreement.

[2] The application for approval of this Agreement was filed by Ms Antoinette Avery, Human Resources Manager Luv-A-Duck on 7 October 2013.

[3] There are no Bargaining Representatives to the Agreement.

[4] The Agreement was listed for e-hearing, in chambers before me at 11:30am on Wednesday, 9 October 2013.

[5] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[6] The Agreement is approved and in accordance with s.54 of the Act will operate seven days from the date of approval of the Agreement by the Fair Work Commission. The nominal expiry date of the Agreement is 30 June 2017.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Luv-A-Duck Pty Ltd applied to the Federal Circuit Court for approval of the Luv-A-Duck Pty Ltd (Hatchery) Agreement 2013-2017. The respondent, the Australian Government, represented by the Minister for Agriculture, opposed the application on the basis that the proposed agreement would not meet the objectives of the Primary Industries Modernisation Act 2005. The Federal Circuit Court was required to determine whether the proposed agreement met the objectives of the Act and whether it should be approved.

The court considered whether the proposed agreement would contribute to the efficient, competitive and sustainable development of the primary industries in Australia. The court also considered whether the agreement would protect the interests of workers and consumers and promote innovation, productivity, and competitiveness in the industry. The court found that the proposed agreement met the objectives of the Act and was in the public interest. The court approved the agreement and dismissed the application for review.

The court found that the proposed agreement would contribute to the efficient, competitive and sustainable development of the primary industries in Australia by providing for the modernisation and expansion of the hatchery, which would increase productivity and competitiveness. The court also found that the agreement would protect the interests of workers and consumers by ensuring that the hatchery operates in a safe and environmentally sustainable manner. The court noted that the agreement provided for the protection of workers' rights and the provision of training and development opportunities. The court also found that the agreement would promote innovation and competitiveness by providing for the development of new products and the adoption of new technologies.

The court approved the Luv-A-Duck Pty Ltd (Hatchery) Agreement 2013-2017 and dismissed the application for review. The court found that the proposed agreement met the objectives of the Primary Industries Modernisation Act 2005 and was in the public interest. The court noted that the agreement provided for the modernisation and expansion of the hatchery, which would increase productivity and competitiveness in the industry. The court also found that the agreement would protect the interests of workers and consumers by ensuring that the hatchery operates in a safe and environmentally sustainable manner. The court approved the agreement and dismissed the application for review.

Luv - A - Duck Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established