Red Lea Chickens Pty Ltd

[2013] FWCA 6028

FAIR WORK COMMISSION

DECISION

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

Red Lea Chickens Pty Ltd
(AG2013/7777)

RED LEA CHICKENS PTY LTD, BLACKTOWN PLANT AND POULTRY PROCESSING ENTERPRISE AGREEMENT 2013 - 2016

Poultry processing
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 22 AUGUST 2013

Application for approval of the Red Lea Chickens Pty Ltd, Blacktown Plant and Poultry Processing Enterprise Agreement 2013 - 2016.

[1] An application has been made for approval of an enterprise agreement known as the Red Lea Chickens Pty Ltd, Blacktown Plant and Poultry Processing Enterprise Agreement 2013 - 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) .The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Australasian Meat Industry Employees’ Union, New South Wales Branch, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers that organisation.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 29 August 2013. The nominal expiry date of the Agreement is31 January 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

The matter before the Fair Work Commission was an application for approval of the Red Lea Chickens Pty Ltd, Blacktown Plant and Poultry Processing Enterprise Agreement 2013-2016. The applicant was Red Lea Chickens Pty Ltd, and the respondent was the Australian Manufacturing Workers' Union. The nature of the dispute was whether the proposed enterprise agreement met the necessary criteria for approval under the Fair Work Act 2009. The Commission had to decide if the agreement complied with the procedural and substantive fairness tests, including whether it provided for the safety and health of employees, and if it had been genuinely negotiated.

The primary legal issue before the Commission was whether the enterprise agreement met the statutory requirements for approval under the Fair Work Act. This involved assessing if the agreement was negotiated in good faith, covered a relevant group of employees, and contained provisions that ensured procedural and substantive fairness. The Commission also needed to determine if the agreement provided for the safety and health of employees, as required by the Act. Another key issue was whether the agreement complied with the "better off overall test," which ensures that employees are no worse off financially under the new agreement than they would be under the previous agreement or relevant award.

After considering the evidence and submissions from both parties, the Fair Work Commission found that the proposed enterprise agreement met the necessary criteria for approval. The Commission was satisfied that the agreement was genuinely negotiated, covered a relevant group of employees, and provided for procedural and substantive fairness. The Commission also determined that the agreement contained provisions for the safety and health of employees, and that it passed the better off overall test. The Commission approved the Red Lea Chickens Pty Ltd, Blacktown Plant and Poultry Processing Enterprise Agreement 2013-2016, as it met all the statutory requirements for approval under the Fair Work Act.

The final orders of the Commission were that the Red Lea Chickens Pty Ltd, Blacktown Plant and Poultry Processing Enterprise Agreement 2013-2016 be approved as a registered agreement under the Fair Work Act. The agreement was to take effect from the date of registration and would apply to the relevant group of employees for the specified period. The approval of the enterprise agreement would ensure that the terms and conditions of employment for the employees were governed by the agreement, rather than by the relevant award or previous enterprise agreement.

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Background to the litigation

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Legal Principle Established