DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ingham’s Enterprises Pty Limited T/A Ingham’s Group Limited
(AG2020/2766)

INGHAM’S ENTERPRISES (SOUTH AUSTRALIA FARMING) ENTERPRISE AGREEMENT 2019

Poultry processing
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 30 OCTOBER 2020

Application for approval of the Ingham’s Enterprises (South Australia Farming) Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Ingham’s Enterprises (South Australia Farming) 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 T/A Ingham’s Group 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 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 of the Act will operate from 6 November 2020. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Ingham’s Enterprises Pty Limited, trading as Ingham’s Group Limited, applied to the Fair Work Commission for approval of the Ingham’s Enterprises (South Australia Farming) Enterprise Agreement 2019. The primary dispute centred around the fairness and compliance of the proposed agreement with the Fair Work Act 2009. The Commission was tasked with determining whether the agreement met the necessary standards for approval, including whether it provided for fair terms and conditions of employment.

The legal issues before the Commission included whether the agreement appropriately balanced the rights and interests of both employees and employers, and if it complied with all statutory requirements. The Commission also examined whether the agreement was genuinely negotiated and if it covered all mandatory topics as required by the Fair Work Act. Additionally, the Commission assessed whether the agreement provided for procedural fairness in its negotiation and execution.

In reaching its decision, the Fair Work Commission carefully reviewed the evidence and submissions presented by both parties. The Commission found that the agreement was fairly negotiated and included all mandatory topics. It also concluded that the terms and conditions of employment were fair and met the requirements of the Act. The Commission ultimately approved the agreement, recognising its compliance with the necessary legislative standards.

No further orders were made beyond the approval of the enterprise agreement. The Commission’s decision confirmed that the Ingham’s Enterprises (South Australia Farming) Enterprise Agreement 2019 was valid and could be implemented as intended.

Ingham’s Enterprises Pty Limited T/A Ingham’s Group Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established