DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ingham’s Enterprises Pty Limited
(AG2019/4156)

INGHAMS ENTERPRISES PTY LIMITED WA DISTRIBUTION ENTERPRISE AGREEMENT 2019

Poultry processing
COMMISSIONER WILLIAMS	PERTH, 23 DECEMBER 2019

Application for approval of the Inghams Enterprises Pty Limited WA Distribution Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Inghams Enterprises Pty Limited WA Distribution Enterprise Agreement 2019 (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] 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 referred to above, 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 Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 December 2019. The nominal expiry date of the Agreement is 31 January 2022.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Ingham’s Enterprises Pty Limited applied to the Fair Work Commission for approval of the Inghams Enterprises Pty Limited WA Distribution Enterprise Agreement 2019. The dispute arose out of the negotiation of a new enterprise agreement between Ingham’s and its employees represented by the United Workers Union. The primary concern was whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The central legal issue before the Commission was whether the agreement complied with the relevant provisions of the Fair Work Act, including the requirement that it be free from prohibited content and that it provided for a good faith bargaining process. The Commission also needed to determine if the agreement satisfied the public interest test and whether it provided for the protection of employees' rights and entitlements.

The Fair Work Commission found that the agreement was free from prohibited content and reflected a good faith bargaining process. It concluded that the agreement met the public interest test and provided for the protection of employees' rights and entitlements. The Commission noted that the agreement contained provisions for wages, conditions of employment, and dispute resolution mechanisms that were in line with industry standards and fair work principles. Accordingly, the Commission approved the agreement.

The Fair Work Commission's final order was that the Inghams Enterprises Pty Limited WA Distribution Enterprise Agreement 2019 be approved as a registered agreement under the Fair Work Act. This decision ensures that the agreement will be binding on Ingham’s and its employees, providing a stable and fair framework for their employment relationship.

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