Inghams Enterprises Pty Limited

[2023] FWCA 241

[2023] FWCA 241

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Inghams Enterprises Pty Limited

(AG2022/5281)

INGHAMS ENTERPRISES (WA HATCHERY) ENTERPRISE AGREEMENT 2022

Poultry processing
COMMISSIONER SCHNEIDER	PERTH, 23 JANUARY 2023

Application for approval of the Inghams Enterprises (WA Hatchery) Enterprise Agreement 2022

1. Inghams Enterprises Pty Limited (the Applicant) has made an application for the approval of an enterprise agreement known as the Inghams Enterprises (WA Hatchery) Enterprise Agreement 2022 (the Agreement). The application was made under section 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

1. The Applicant has provided a written undertaking. A copy of the undertaking is attached to the Agreement. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.

1. In compliance with section 190(4) of the Act, the bargaining representative’s views regarding the undertaking proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered. An amendment to the undertaking was made by the Applicant upon the suggestion of the United Workers’ Union. No objection was raised to the amended undertaking.

1. Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of sections 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

1. The United Workers’ Union and the Australian Manufacturing Workers’ Union (the Unions), being bargaining representatives for the Agreement, have given notice under section 183 of the Act that they seek to be covered by the Agreement. In accordance with section 201(2) of the Act, and based on the declaration provided by the organisations, I note that the Unions are covered by the Agreement.

1. The Agreement is approved and, in accordance with section 54 of the Act, will operate from 30 January 2023. The nominal expiry date of the Agreement is 30 June 2025.

COMMISSIONER

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