INGHAMS ENTERPRISES (APPIN BROILER FARM) ENTERPRISE AGREEMENT 2014

[2014] FWCA 6230

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Inghams Enterprises Pty Ltd
(AG2014/8863)

INGHAMS ENTERPRISES (APPIN BROILER FARM) ENTERPRISE AGREEMENT 2014

Agricultural industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 9 SEPTEMBER 2014

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

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

[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 Australian Workers’ Union, being a bargaining representative for the Agreement, have given notice under s.183 of the Act that they want 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 will operate from 16 September 2014. The nominal expiry date of the Agreement is 1 January 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Inghams Enterprises (Appin Broiler Farm) sought approval for their Enterprise Agreement 2014, which was to be applied to their workforce. The Fair Work Commission was the tribunal tasked with deciding whether to approve the agreement under the Fair Work Act 2009. The applicants argued that the agreement contained reasonable terms and conditions, while no objections were raised by any party to the dispute.

The central legal issue before the Commission was whether the terms and conditions outlined in the Enterprise Agreement 2014 were fair and reasonable. This involved examining various aspects of the agreement, including wages, working conditions, and dispute resolution mechanisms. The Commission considered whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The Commission found that the Enterprise Agreement 2014 contained fair and reasonable terms and conditions. The agreement provided for adequate wages and conditions, and the dispute resolution mechanisms were deemed effective. The Commission approved the agreement, noting that it would operate from 16 September 2014, with a nominal expiry date of 1 January 2017. This decision was based on the evidence presented and the statutory requirements for enterprise agreements under Australian labour law.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established