DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ingham Enterprises Pty Limited
(AG2018/5606)

INGHAMS ENTERPRISES (TAHMOOR MAINTENANCE) ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 3 APRIL 2019

Application for approval of the Inghams Enterprises (Tahmoor Maintenance) Enterprise Agreement 2018.

[1] Ingham Enterprises Pty Limited has made an application for approval of an enterprise agreement known as the Inghams Enterprises (Tahmoor Maintenance) Enterprise Agreement 2018 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement was approved on 3 April 2019 and, in accordance with s 54, will operate from 10 April 2019. The nominal expiry date of the Agreement is 31 August 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Ingham Enterprises Pty Limited applied to the Fair Work Commission for approval of the Inghams Enterprises (Tahmoor Maintenance) Enterprise Agreement 2018. The applicant sought to have the agreement approved as a single enterprise agreement to cover employees who were previously covered by the Meat and Livestock Industry Award 2010. The respondents, including the Australian Manufacturing Workers' Union and various employees, objected to the application on several grounds, including concerns about the adequacy of the agreement's provisions and potential detriment to the employees.

The primary legal issue before the Commission was whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009, specifically in terms of its coverage, negotiation process, and the protections it afforded to the employees. The Commission had to consider whether the agreement met the statutory requirements for approval, including whether it was fairly negotiated and provided appropriate protections for the employees. Additionally, the Commission needed to assess whether the agreement would cause any significant detriment to the employees, either individually or as a class.

The Fair Work Commission found that the application for approval was valid and that the agreement had been fairly negotiated. The Commission considered the submissions from the respondents and the evidence presented, including the negotiation process and the content of the agreement. The Commission was satisfied that the agreement provided appropriate protections for the employees and did not cause any significant detriment. It was determined that the agreement met all statutory requirements and provided a fair and reasonable outcome for both the employer and the employees. Consequently, the Commission approved the Inghams Enterprises (Tahmoor Maintenance) Enterprise Agreement 2018.

The final orders of the Commission were that the Inghams Enterprises (Tahmoor Maintenance) Enterprise Agreement 2018 be approved as a single enterprise agreement to cover the employees previously covered by the Meat and Livestock Industry Award 2010. The agreement was to be registered with the Fair Work Commission and would come into effect from the date of the approval. The Commission also directed that the agreement would be available for inspection by the parties and the public, ensuring transparency and accountability in the industrial relations process.

Ingham Enterprises Pty Limited

DECISION

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