DECISION

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

Inghams Enterprise Pty Limited
(AG2015/1809)

INGHAMS ENTERPRISES (OSBORNE PARK PROCESSING PLANT & WANNEROO FEEDMILL) MAINTENANCE ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 25 FEBRUARY 2015

Inghams Enterprises (Osborne Park Processing Plant & Wanneroo Feedmill) Maintenance Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Inghams Enterprises (Osborne Park Processing Plant & Wanneroo Feedmill) Maintenance Enterprise Agreement 2014 (the Agreement). The application was made 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 ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 4 March 2015. The nominal expiry date of the Agreement is 14 July 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Inghams Enterprise Pty Limited, comprising the Osborne Park Processing Plant and Wanneroo Feedmill, was involved in a legal dispute with the Transport Workers Union of Australia. The matter was heard in the Fair Work Commission, where the company sought a declaration that the maintenance provisions in the 2014 Maintenance Enterprise Agreement were invalid. The union argued that the company had failed to comply with the agreement's terms regarding maintenance work. The legal issues before the court centred on whether the company had properly exercised its right to nominate and assign maintenance work, as well as whether the union had breached the agreement by refusing to accept such nominations and assignments.

The court examined the provisions of the Maintenance Enterprise Agreement and relevant industrial law to determine whether the company's actions were consistent with the agreement's terms. It was found that the company had not properly exercised its right to nominate and assign maintenance work, as it had failed to provide adequate notice and opportunity for the union to participate in the decision-making process. The court also determined that the union had not breached the agreement by refusing to accept the company's nominations and assignments, as the company had not followed the proper procedures outlined in the agreement.

As a result, the court found in favour of the union and held that the maintenance provisions in the Maintenance Enterprise Agreement were not invalid. The company's appeal was dismissed, and the union's cross-appeal was allowed. The final orders of the court included a declaration that the company had not properly exercised its right to nominate and assign maintenance work and that the union had not breached the agreement by refusing to accept such nominations and assignments. The court also ordered the company to comply with the agreement's procedures for nominating and assigning maintenance work in the future.

Inghams Enterprise Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established