Inghams Enterprises Pty Limited Summary

[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

Inghams Enterprises Pty Limited applied to the Fair Work Commission for approval of the Inghams Enterprises (Northern Territory) Enterprise Agreement 2022. The agreement related to employees in the Northern Territory employed in meat processing, transport, and related services. The primary issue before the commission was whether the agreement met the requirements for approval under the Fair Work Act 2009. This involved examining whether the agreement had been made in good faith, whether it contained the minimum terms and conditions required by law, and whether it met the coverage test.

The commission considered the evidence provided by the parties, including submissions on the bargaining process and the content of the agreement. It was found that the agreement had been made in good faith, as there was sufficient evidence of genuine negotiations between the employer and the union. The commission also determined that the agreement contained all the minimum terms and conditions mandated by the Fair Work Act. Furthermore, the coverage test was satisfied as the agreement was made with a sufficient number of employees to meet the threshold. Based on these findings, the commission approved the agreement.

The final orders included the approval of the Inghams Enterprises (Northern Territory) Enterprise Agreement 2022, which was registered with the Fair Work Commission. The agreement was to be in effect from the date of registration and would apply to the specified employees until it was varied or terminated in accordance with the Fair Work Act.

Inghams Enterprises Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established