austlii:cth/FWCA/2026/256
General information, not legal advice.
FWCA
2026-02-05
Original judgment source is linked above.
s.185 - Enterprise agreement
HAZELDENES CHICKEN FARM PTY LTD PROCESSING ENTERPRISE AGREEMENT 2025
Application for approval of the HAZELDENES CHICKEN FARM PTY LTD PROCESSING ENTERPRISE AGREEMENT 2025
[1] An application has been made for approval of an enterprise agreement known as the HAZELDENES CHICKEN FARM PTY LTD PROCESSING ENTERPRISE AGREEMENT 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Hazeldenes Chicken Farm Pty Ltd. The Agreement is a single enterprise agreement.
[2] I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A 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 ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.
[3] I observe that clauses 12.6, 13.2(b) and 34 of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 6.2 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.
[4] Pursuant to s.205A(2) of the Act, the workplace delegates' rights term prescribed by the Poultry Processing Award 2020 is taken to be a term of the Agreement.
[5] The United Workers' Union 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.
[6] The Agreement is approved and in accordance with s.54, will operate from 12 February 2026. The nominal expiry date of the Agreement is 31 October 2028.
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