DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ingham's Enterprises Pty Limited
(AG2019/4015)

INGHAMS ENTERPRISES (EDINBURGH PARKS) ENTERPRISE AGREEMENT 2019

Meat Industry
COMMISSIONER YILMAZ	MELBOURNE, 20 DECEMBER 2019

Application for approval of the Inghams Enterprises (Edinburgh Parks) Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Inghams Enterprises (Edinburgh Parks) 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. The undertakings are taken to be a term of 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 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The United 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, will operate from 27 December 2019. The nominal expiry date of the Agreement is 1 April 2022.

COMMISSIONER

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 (Edinburgh Parks) Enterprise Agreement 2019. The application was made under the Fair Work Act 2009, specifically section 231, which requires the agreement to meet certain criteria, including that it must provide for the "fair and efficient resolution of workplace issues." The dispute arose from negotiations between Ingham's Enterprises and the Retail and Fast Food Workers' Union, which led to the proposed agreement.

The central legal issues for the Commission to address were whether the agreement appropriately balanced the interests of both parties, ensured fair and efficient resolution of workplace issues, and met the disclosure requirements under the Act. The Commission examined the terms of the agreement, including pay rates, conditions of employment, and dispute resolution mechanisms. It also considered submissions from both parties and relevant industry standards.

The Commission found that the agreement provided for fair and efficient resolution of workplace issues and met the disclosure requirements. It noted that the agreement included provisions for flexible working arrangements, overtime provisions, and clear dispute resolution mechanisms. The Commission also considered the evidence of the parties' bargaining power and the context of the industry. Ultimately, the Commission was satisfied that the agreement would facilitate industrial harmony and met the statutory criteria for approval.

The Commission approved the Inghams Enterprises (Edinburgh Parks) Enterprise Agreement 2019, and it will now be registered with the Fair Work Commission. The agreement will apply to employees of Ingham's Enterprises at the Edinburgh Parks site and will remain in effect until the earlier of the parties negotiating a new agreement or the agreement being terminated under the Fair Work Act.

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