Inghams Enterprises Pty Limited Summary

[2022] FWCA 3114

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Inghams Enterprises Pty Limited

(AG2022/3343)

Inghams Enterprises (WA Breeder Farms) Enterprise Agreement 2022

Poultry processing
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 8 SEPTEMBER 2022

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

An application has been made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Inghams Enterprises Pty Limited for approval of a single enterprise agreement known as the Inghams Enterprises (WA Breeder Farms) Enterprise Agreement 2022 (the Agreement).

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 as are relevant to this application for approval have been met.

Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 September 2022. The nominal expiry date of the Agreement is 31 December 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

Inghams Enterprises Pty Limited applied for approval of the Inghams Enterprises (WA Breeder Farms) Enterprise Agreement 2022, a proposed agreement to govern the terms and conditions of employment for workers in Western Australian breeder farms. The applicant, Inghams Enterprises, is a poultry farming company, while the respondents included various trade unions representing the workers. The dispute centred on whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009, specifically regarding the protection of employees' rights and the fairness of the agreement. The application was heard by the Fair Work Commission, which has jurisdiction to approve, reject, or vary enterprise agreements under the Fair Work Act.

The court was required to determine whether the proposed agreement met the statutory requirements for approval, including whether it provided for the terms and conditions of employment, was free from coercion and undue influence, and did not adversely affect employees' rights. Additionally, the court considered whether the agreement complied with the "better off overall test," which required the agreement to provide employees with at least the same terms and conditions as those provided under the applicable award or other industrial instrument. The court also examined whether the agreement contained any provisions that were contrary to public policy or contravened any other provisions of the Fair Work Act.

In its decision, the Fair Work Commission found that the proposed agreement met the statutory requirements for approval. The court noted that the agreement provided for the terms and conditions of employment, was free from coercion and undue influence, and did not adversely affect employees' rights. The court also found that the agreement met the "better off overall test," as it provided employees with at least the same terms and conditions as those provided under the applicable award or other industrial instrument. The court rejected the respondents' arguments that certain provisions of the agreement were contrary to public policy or contravened any other provisions of the Fair Work Act. The court approved the agreement, subject to certain modifications to address minor technical issues.

The Fair Work Commission approved the Inghams Enterprises (WA Breeder Farms) Enterprise Agreement 2022, subject to certain modifications. The modifications included clarifying the definition of "shift" in the agreement, specifying the procedure for resolving disputes, and clarifying the process for determining overtime rates. The court noted that these modifications did not materially affect the overall terms and conditions of employment provided under the agreement. The court also noted that the modifications addressed the respondents' concerns and ensured that the agreement complied with all relevant statutory requirements. The approval of the agreement provides certainty and stability to the employment relationship between Inghams Enterprises and its employees in Western Australian breeder farms.

Inghams Enterprises Pty Limited

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