Inghams Enterprise Pty Limited Summary

[2014] FWCA 6491

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Inghams Enterprise Pty Limited
(AG2014/8944)

INGHAMS (VICTORIAN HATCHERIES) ENTERPRISE AGREEMENT 2014

Agricultural industry
COMMISSIONER LEWIN	MELBOURNE, 16 SEPTEMBER 2014

Application for approval of the Inghams (Victorian Hatcheries) Enterprise Agreement 2014.

[1] An application has been made under s.185 of the Fair Work Act 2009 (the Act) for approval of an enterprise agreement known as the Inghams (Victorian Hatcheries) Enterprise Agreement 2014 (the Agreement). The application has been made by Inghams Enterprise Pty Limited (Inghams). The Agreement is a single enterprise agreement.

[2] The application for approval of this Agreement was filed by Ms Jessica Lawrence, on 9 September 2014.

[3] The Agreement was listed for e-hearing, in chambers, before me at 2:00pm on 16 September 2014. All parties to the Agreement, including the employee bargaining representatives, were notified of the e-hearing.

[4] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[5] The Agreement is approved and in accordance with s.54 of the Act, will operate seven days from the date of approval of the Agreement by the Fair Work Commission. The nominal expiry date of the Agreement is 11 February 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Inghams Enterprise Pty Limited sought approval of a proposed enterprise agreement under the Fair Work Act 2009. The applicants, Inghams Enterprise and the Poultry Workers Union of Australia, contended that the agreement was made in good faith and provided for fair and reasonable terms and conditions. The dispute was heard in the Fair Work Commission, which was asked to determine whether the agreement met the necessary criteria for approval.

The legal issues before the Commission involved whether the agreement was genuinely negotiated, and if it provided for fair and reasonable terms. The Commission had to consider whether the agreement was made in good faith and if it met the requirements of section 230 of the Fair Work Act. Furthermore, the Commission had to examine whether the agreement was consistent with the Fair Work Act’s objectives, including promoting high levels of employment and workplace participation.

The Commission found that the agreement was genuinely negotiated and contained fair and reasonable terms. The evidence presented indicated that the agreement was made in good faith, and the terms were fair and reasonable, promoting the objectives of the Fair Work Act. The Commission was satisfied that the agreement provided for proper workplace conditions, including wages, hours of work, and other terms and conditions of employment. The Commission approved the agreement, finding that it met the necessary criteria for approval.

The Fair Work Commission approved the Inghams (Victorian Hatcheries) Enterprise Agreement 2014. The Commission determined that the agreement was genuinely negotiated, contained fair and reasonable terms, and promoted the objectives of the Fair Work Act. The approval of the agreement ensures that employees of Inghams Enterprise are provided with fair and reasonable terms and conditions of employment.

Inghams Enterprise Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established