Inghams Enterprises

[2014] FWCA 6864

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Inghams Enterprises
(AG2014/9026)

INGHAMS (WANNEROO BROILER FARM) ENTERPRISE AGREEMENT 2014

Poultry processing
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 30 SEPTEMBER 2014

Application for approval of the Inghams (Wanneroo Broiler Farm) Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Inghams (Wanneroo Broiler Farm) Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Inghams Enterprises. The agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 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) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 30 September 2014 and, in accordance with s.54, will operate from 7 October 2014. The nominal expiry date of the Agreement is 30 June 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Inghams Enterprises was the subject of an application to the Fair Work Commission for the approval of the Inghams (Wanneroo Broiler Farm) Enterprise Agreement 2014. The application arose from negotiations between the employer, Inghams Enterprises, and the employees' representative, the Australian Workers Union. The dispute centred on the terms and conditions of employment for workers at the Wanneroo Broiler Farm, including issues such as wages, hours of work, and other employment-related matters. The Fair Work Commission was tasked with determining whether the proposed agreement met the legal standards for enterprise agreements under the Fair Work Act 2009.

The primary legal issues the Commission had to address were whether the agreement was genuinely negotiated, free from coercion or pressure, and if it complied with the good faith bargaining requirement. Furthermore, the Commission had to consider if the agreement contained all the mandatory terms prescribed by the Act and whether it was in the best interests of the employees. The Commission also examined whether the agreement provided for proper dispute resolution mechanisms and whether it adhered to the principles of procedural fairness.

In delivering its decision, the Commission found that the agreement had been genuinely negotiated, free from coercion, and complied with the good faith bargaining requirement. The Commission determined that the agreement included all the mandatory terms prescribed by the Act and was in the best interests of the employees. It was also found to provide for proper dispute resolution mechanisms and adhered to the principles of procedural fairness. Consequently, the Commission approved the Inghams (Wanneroo Broiler Farm) Enterprise Agreement 2014, making it legally binding on the parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established