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

[2020] FWCA 5818

[2020] FWCA 5818

FAIR WORK COMMISSION

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

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Annexure A