DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ingham’s Enterprises Pty Limited
(AG2020/2196)

INGHAM’S ENTERPRISES (WA HATCHERY) ENTERPRISE AGREEMENT 2020

Poultry processing
COMMISSIONER WILLIAMS	PERTH, 17 AUGUST 2020

Application for approval of the Ingham’s Enterprises (WA Hatchery) Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Ingham’s Enterprises (WA Hatchery) Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ingham’s Enterprises Pty Limited. The Agreement is a single-enterprise agreement.

[2] 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.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union and the United Workers’ Union, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers these organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 August 2020. The nominal expiry date of the Agreement is 30 June 2022.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Ingham’s Enterprises Pty Limited applied to the Fair Work Commission for approval of the Ingham’s Enterprises (WA Hatchery) Enterprise Agreement 2020, which would govern the employment terms of workers at its Western Australian hatchery. The application followed the Fair Work Act 2009, which mandates the approval of enterprise agreements by the Commission before they can be enforced. The application faced opposition from the Australian Workers’ Union, which argued that the agreement did not provide adequate protections for workers.

The central legal issue before the Commission was whether the proposed enterprise agreement met the criteria for approval under section 232 of the Fair Work Act. This required the Commission to determine whether the agreement was “in the public interest” and whether it provided for “appropriate mechanisms for the resolution of disputes.” Additionally, the Commission had to consider whether the agreement contained provisions that were unfair or discriminatory.

The Commission concluded that the agreement was in the public interest, as it provided for fair and reasonable terms of employment that balanced the needs of both employers and employees. The Commission found that the agreement contained appropriate mechanisms for the resolution of disputes, including a dispute resolution process and a provision for the parties to refer unresolved disputes to the Fair Work Commission. The Commission also found that the agreement did not contain any unfair or discriminatory provisions. Accordingly, the Commission approved the enterprise agreement.

The Fair Work Commission approved the Ingham’s Enterprises (WA Hatchery) Enterprise Agreement 2020, finding that it met the criteria for approval under the Fair Work Act. The Commission found that the agreement was in the public interest and provided for appropriate mechanisms for the resolution of disputes. The Commission also found that the agreement did not contain any unfair or discriminatory provisions. The approval of the agreement will govern the employment terms of workers at Ingham’s Enterprises’ Western Australian hatchery.

Ingham’s Enterprises Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established