DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Nichols Poultry Pty Ltd T/A Nichols Poultry
(AG2017/3062)

NICHOLS POULTRY AND FEED PROCESSING ENTERPRISE AGREEMENT 2017

Poultry Processing
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 30 OCTOBER 2017

Application for approval of the Nichols Poultry and Feed Processing Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Nichols Poultry and Feed Processing Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Nichols Poultry Pty Ltd T/A Nichols Poultry. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The National Union of Workers 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.

[5] The Agreement was approved on 30 October 2017 and, in accordance with s.54, will operate from 6 November 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Nichols Poultry Pty Ltd, trading as Nichols Poultry, applied to the Fair Work Commission for approval of the Nichols Poultry and Feed Processing Enterprise Agreement 2017. The dispute involved the terms of the agreement, particularly whether they complied with the relevant provisions of the Fair Work Act 2009. The Fair Work Commission was tasked with determining whether the agreement met the statutory requirements for approval, including whether it provided for the minimum terms and conditions of employment and whether it was made in good faith and without coercion.

The legal issues before the Commission included whether the agreement adequately covered all the minimum terms and conditions, whether the process for making the agreement was free from any form of coercion, and whether the agreement complied with the procedural fairness requirements. Additionally, the Commission needed to assess if the agreement was appropriately certified by an accredited bargaining representative and if the application was lodged within the prescribed timeframe.

The Commission found that the agreement was made in good faith and without any form of coercion, and that it complied with the minimum terms and conditions stipulated by the Fair Work Act. The process of making the agreement was deemed to be procedurally fair, and the application was considered to be lodged within the required timeframe. Given these findings, the Fair Work Commission approved the Nichols Poultry and Feed Processing Enterprise Agreement 2017. The Commission's decision was made in accordance with the statutory provisions and the principles of procedural fairness.

Nichols Poultry Pty Ltd T/A Nichols Poultry

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established