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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Ingham’s Enterprises Pty Limited sought approval of the Inghams Enterprises Breeder Farms (WA) Enterprise Agreement 2019 from the Fair Work Commission. The agreement was contested by the Australian Manufacturing Workers' Union, which argued that the proposed terms were not fair and reasonable. The matter was heard by Deputy President R T M Logan.

The central legal issues involved whether the terms of the enterprise agreement were fair and reasonable, and whether they complied with the relevant provisions of the Fair Work Act 2009. In particular, the union argued that certain provisions regarding shift work and penalty rates were not equitable. The union also contended that the agreement did not sufficiently protect employees from the adverse effects of roster changes.

The Fair Work Commission found that the majority of the terms in the enterprise agreement were fair and reasonable. Deputy President Logan concluded that the provisions regarding shift work and penalty rates did not unfairly disadvantage employees and were consistent with the principles of contemporary industrial relations. The Commission also determined that the agreement adequately addressed employee concerns about roster changes, thereby upholding the protections required under the Act. Consequently, the application for approval was successful.

The Fair Work Commission approved the Inghams Enterprises Breeder Farms (WA) Enterprise Agreement 2019, dismissing the union's objections. This decision confirmed the agreement as a binding enterprise agreement under the Fair Work Act 2009.

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