Inghams Enterprises Pty Limited

[2021] FWCA 6724

[2021] FWCA 6724

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Inghams Enterprises Pty Limited
(AG2021/8073)

INGHAMS ENTERPRISES (BERRIMA FEEDMILL) ENTERPRISE AGREEMENT 2021

Poultry processing
DEPUTY PRESIDENT BOYCE	SYDNEY, 17 NOVEMBER 2021

Application for approval of the Inghams Enterprises (Berrima Feedmill) Enterprise Agreement 2021

[1] An application has been made for approval of an enterprise agreement to be known as the Inghams Enterprises (Berrima Feedmill) Enterprise Agreement 2021 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Inghams Enterprises Pty Limited (Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings dated 15 November 2021. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Food, Beverage and Tobacco Manufacturing Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

[3] The United Workers’ Union (UWU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[6] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 November 2021. The nominal expiry date of the Agreement is 1 October 2024.

DEPUTY PRESIDENT

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Annexure A