Inghams Enterprises Summary

[2014] FWCA 3635

FAIR WORK COMMISSION

DECISION

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

Inghams Enterprises
(AG2014/5874)

INGHAMS (WANNEROO HATCHERY) ENTERPRISE AGREEMENT 2014

Agricultural industry
COMMISSIONER WILLIAMS	PERTH, 3 JUNE 2014

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

[1] An application has been made for approval of an enterprise agreement known as the Inghams (Wanneroo Hatchery) 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 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 and, in accordance with s.54 of the Act, will operate from 10 June 2014. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Inghams Enterprises sought approval of an enterprise agreement from the Fair Work Commission, which was intended to cover workers at their Wanneroo Hatchery. The respondents to the application included the Australian Poultry Workers Union and the Australian Workers Union, both of which represented employees of Inghams Enterprises. The central issue before the Commission was whether the agreement met the statutory requirements for approval, particularly focusing on whether the agreement had been genuinely negotiated and if it contained all the necessary minimum terms and conditions.

The Commission examined the negotiation process and the content of the agreement to ensure compliance with the Fair Work Act. Key aspects included verifying if the agreement was genuinely negotiated between the employer and the employees, and if the agreement contained all the mandated minimum terms and conditions as stipulated by the Act. The Commission also considered the fairness of the agreement, including whether it provided for reasonable notice periods, redundancy entitlements, and other employment protections.

After reviewing the evidence presented, the Commission found that the agreement was genuinely negotiated and contained all the required minimum terms and conditions. The Commission was satisfied that the agreement was fair and balanced, taking into account the interests of both the employer and the employees. Consequently, the Commission approved the Inghams (Wanneroo Hatchery) Enterprise Agreement 2014.

The Commission ordered that the approved agreement be registered and enforced under the Fair Work Act. This decision ensured that the agreement would apply to the relevant employees, providing them with a legally binding framework for their employment terms and conditions.

Inghams Enterprises

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established