Inghams Enterprises Pty Limited
[2023] FWCA 486
•16 FEBRUARY 2023
| [2023] FWCA 486 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Inghams Enterprises Pty Limited
(AG2023/69)
Inghams Enterprises (Northern Territory) Enterprise Agreement 2022
| Poultry processing | |
| COMMISSIONER YILMAZ | MELBOURNE, 16 FEBRUARY 2023 |
Application for approval of the Inghams Enterprises (Northern Territory) Enterprise Agreement 2022
An application has been made for approval of an enterprise agreement known as the Inghams Enterprises (Northern Territory) Enterprise Agreement 2022 (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 Pty Limited. The Agreement is a single enterprise agreement.
The Notice of Employee Representational Rights (NERR) lodged contained errors. The first error relates to where the NERR stated that ‘employees that are engaged in the SA Farming sites who are currently covered by the terms of the Inghams Enterprises (Northern Territory) Enterprise Agreement 2019.’ The reference to ‘SA Farming sites’ is an error as the employees covered by the previous and current Agreements are only located in the Northern Territory. In addition to the above error, the NERR was provided on company letterhead. I note this this is in contravention of ss.174(1A) of the Act, as the addition of the company logo deviates from the prescribed form set out in Schedule 2.1 of the Fair Work Regulations 2009.
Despite the errors noted above, I am satisfied that these constitute minor procedural or technical errors for the purposes of s.188(2)(a) of the Act. Further, I am satisfied that the employees covered by the Agreement were not likely to have been disadvantaged by these errors. Accordingly, I consider that the Agreement has been genuinely agreed to within the meaning of s.188(2) of the Act.
The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.
The Agreement is approved and in accordance with s.54, will operate from 23 February 2023. The nominal expiry date of the Agreement is 30 June 2024.
COMMISSIONER
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Annexure A
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