Ingham's Enterprises Pty Ltd

[2025] FWCA 236

[2025] FWCA 236

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Ingham's Enterprises Pty Ltd

(AG2024/5122)

INGHAM'S ENTERPRISES (CLYDE FEEDMILL) & UWU ENTERPRISE AGREEMENT 2024

Poultry processing
COMMISSIONER JOHNS	MELBOURNE, 22 JANUARY 2025

Application for approval of the Inghams Enterprises (Clyde Feedmill) & UWU Enterprise Agreement 2024

1. An application has been made for approval of an enterprise agreement known as the Inghams Enterprises (Clyde Feedmill) & UWU 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.

1. 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.

1. 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.

1. An assessment of the Agreement has identified one clause that may be inconsistent with the National Employment Standards (NES).  In particular, the term relating to:

a)Clause 5.4: Compassionate leave.

1. Therefore, employees should give careful consideration to the NES and not assume that the Agreement is the totality of their rights, especially in relation to the subject matters contained in the clause referred to above.

1. Noting the NES precedence clause (Clause 1.4), to the extent that any clause in the Agreement is inconsistent with the NES, it is not an impediment to the approval of the Agreement.

1. 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.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 January 2025. The nominal expiry date of the Agreement is 15 July 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE527697  PR783545>

Annexure A