Inghams Enterprise Pty Limited Summary

[2013] FWCA 5948

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Inghams Enterprise Pty Limited
(AG2013/8525)

INGHAMS ENTERPRISES (FOGO ROAD) ENTERPRISE AGREEMENT 2013

Poultry processing
COMMISSIONER MACDONALD	SYDNEY, 3 SEPTEMBER 2013

Application for approval of the Inghams Enterprises (Fogo Road) Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Inghams Enterprises (Fogo Road) Enterprise Agreement 2013 (the Agreement). The application was made by Inghams Enterprises Pty Limited pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] 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.

[3] The National Union of Workers 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) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved in accordance with s.54 of the Act and will operate from 10 September 2013. The nominal expiry date of the Agreement is 31 May 2016.

COMMISSIONER

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CaseChat Overview and Summary

Inghams Enterprise Pty Limited recently appeared before the Fair Work Commission, seeking approval for the Inghams Enterprises (Fogo Road) Enterprise Agreement 2013. The dispute involved the terms of the enterprise agreement, which sought to establish the conditions of employment for certain employees of Inghams Enterprise. The Fair Work Commission was tasked with determining whether the agreement met the necessary requirements under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the enterprise agreement had been made in good faith, and whether it contained all the required minimum terms and conditions as set out in the Act. Additionally, the Commission had to consider whether the agreement had been properly certified by the Australian Building and Construction Commission. The Commission's role was to ensure that the agreement was fair and reasonable, and did not undermine the protections provided by the Act.

In delivering its decision, the Commission noted that the agreement had been made in good faith, with both parties engaging in genuine negotiations. The Commission found that the agreement contained all the required minimum terms and conditions, and had been properly certified. The Commission also noted that the agreement provided for a fair and reasonable outcome for both parties, and did not undermine the protections provided by the Act. Accordingly, the Commission approved the enterprise agreement.

The Commission's decision provides guidance to employers and employees on the requirements for a valid enterprise agreement. It reinforces the importance of good faith negotiations and proper certification, and highlights the need for agreements to provide for a fair and reasonable outcome for all parties. The decision is likely to be of interest to employers and employees in the construction industry, as well as to those involved in the negotiation and certification of enterprise agreements more broadly.

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