Ingham's Enterprises Pty Ltd

[2025] FWCA 1223

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Ingham's Enterprises Pty Ltd

(AG2025/757)

INGHAMS ENTERPRISES (VICTORIA BREEDER FARMS) ENTERPRISE AGREEMENT 2024

Poultry processing
COMMISSIONER YILMAZ	MELBOURNE, 11 APRIL 2025

Application for approval of the INGHAMS ENTERPRISES (VICTORIA BREEDER FARMS) ENTERPRISE AGREEMENT 2024

An application has been made for approval of an enterprise agreement known as the INGHAMS ENTERPRISES (VICTORIA BREEDER FARMS) ENTERPRISE AGREEMENT 2024 (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 Ltd. The Agreement is a single enterprise agreement.

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.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval 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.

Pursuant to s.205A(2) of the Act, the workplace delegates’ rights term prescribed by the Pastoral Award 2020 is taken to be a term of the Agreement.

The Australian 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.

The Agreement is approved and in accordance with s.54, will operate from 18 April 2025. The nominal expiry date of the Agreement is 30 September 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Ingham's Enterprises Pty Ltd applied to the Fair Work Commission for approval of the Inghams Enterprises (Victoria Breeder Farms) Enterprise Agreement 2024. The application was made pursuant to the Fair Work Act 2009. The nature of the dispute was the validity and fairness of the proposed enterprise agreement, which would govern employment conditions for employees within Ingham's Victoria breeder farms.

The legal issues the court had to resolve were whether the proposed agreement complied with the procedural requirements under the Fair Work Act, and whether it met the "better off overall test" as stipulated by the legislation. The procedural requirement involved verifying that the agreement was made genuinely without coercion and that the proper process was followed in its negotiation and agreement. The "better off overall test" examined if the proposed agreement provided employees with at least the same benefits as they would receive under the applicable award or modern award, and if it offered additional benefits that would make employees better off overall.

The Fair Work Commission found that the proposed agreement was made in compliance with the procedural requirements. It noted that the agreement was negotiated in good faith and that employees had the opportunity to be involved in the process. Regarding the "better off overall test," the Commission concluded that the proposed agreement did not disadvantage employees compared to the applicable award and provided additional benefits that rendered employees better off overall. Consequently, the application for approval was successful, and the agreement was registered as a certified agreement under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established