Ingham’s Enterprises Pty Limited

[2020] FWCA 1058

[2020] FWCA 1058

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ingham’s Enterprises Pty Limited
(AG2020/68)

INGHAMS ENTERPRISES BREEDER FARMS (WA) ENTERPRISE AGREEMENT 2019

Poultry processing
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 27 FEBRUARY 2020

Application for approval of the Inghams Enterprises Breeder Farms (WA) Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Inghams Enterprises Breeder Farms (WA) Enterprise Agreement 2019 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Ingham’s Enterprises Pty Limited (Employer). The Agreement is a single enterprise agreement.

[2] The Employer 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, 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 undertakings are taken to be a term of the Agreement.

[4] The application was not lodged within 14 days after the Agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 March 2020. The nominal expiry date of the Agreement is 31 December 2021.

DEPUTY PRESIDENT

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Annexure A