Ingham's Enterprises Pty Ltd Summary

[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

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.

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 and 190 as are relevant to this application for approval have been met.

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.

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.

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.

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.

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

Annexure A

CaseChat Overview and Summary

Ingham's Enterprises Pty Ltd, an employer, sought approval of a new enterprise agreement from the Fair Work Commission. This was to replace the existing agreement, which had expired. The application was made by the employer, and the union representing the employees, UWU, did not oppose the approval. The Fair Work Commission was tasked with determining whether the agreement met the statutory requirements for approval.

The central legal issue before the Commission was whether the new agreement complied with the Fair Work Act 2009. This included whether the agreement was genuinely negotiated and whether it contained terms that were in the best interests of the employees. Given that the union did not oppose the application, the Commission focused on the genuineness of the bargaining and the public interest considerations.

The Fair Work Commission found that the agreement was genuinely negotiated between the parties and that it contained terms which were in the best interests of the employees. The Commission noted that the agreement included provisions for pay rates, conditions of employment, and dispute resolution mechanisms. The Commission was satisfied that the agreement was fair and reasonable, and did not disadvantage any party. Consequently, the Commission approved the application for the new enterprise agreement.

The Fair Work Commission approved the Inghams Enterprises (Clyde Feedmill) & UWU Enterprise Agreement 2024, effective from the date of the decision. The agreement was to replace the existing enterprise agreement, which had expired. The Commission noted that the agreement contained terms that were in the best interests of the employees and that it had been genuinely negotiated between the parties. The approval of the new agreement was in line with the statutory requirements under the Fair Work Act 2009.

Ingham's Enterprises Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established