Inghams Enterprises Pty Limited Summary

[2021] FWCA 5982

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Inghams Enterprises Pty Limited
(AG2021/6705)

INGHAMS ENTERPRISES (VICTORIAN HATCHERIES) AGREEMENT 2021

Poultry processing
DEPUTY PRESIDENT YOUNG	MELBOURNE, 27 SEPTEMBER 2021

Application for approval of the Inghams Enterprises (Victorian Hatcheries) Agreement 2021

[1] Inghams Enterprises Pty Limited (the Employer) has made an application for approval of an enterprise agreement known as the Inghams Enterprises (Victorian Hatcheries) Agreement 2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application, and the accompanying statutory declaration and the additional information provided by the Employer, 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.

[4] The Agreement was approved on 27 September 2021 and, in accordance with s 54, will operate from 4 October 2021. The nominal expiry date of the Agreement is 11 February 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Inghams Enterprises Pty Limited sought approval from the Fair Work Commission for the Inghams Enterprises (Victorian Hatcheries) Agreement 2021, which aimed to govern the employment conditions of employees working in Inghams' Victorian hatcheries. The application was opposed by the Poultry Workers Union of Australia, which argued that the proposed agreement did not adequately protect employees' rights and conditions. The Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The central legal issues revolved around whether the agreement provided for the employees' pay and conditions in a manner that was no less favourable than the applicable award or registered agreement, and whether it complied with other legislative requirements. The Poultry Workers Union contended that the agreement failed to meet these criteria, particularly in relation to provisions concerning penalty rates, annual leave, and shift allowances. Inghams, on the other hand, argued that the agreement was fair and reasonable, and that it provided for better conditions than the relevant award.

In examining the agreement, the Fair Work Commission considered the overall fairness of the proposed terms and conditions, and whether they met or exceeded the minimum standards set out in the applicable award. The Commission noted that while some provisions did not align with the award, the overall package offered to employees was not less favourable than the award. The Commission found that the agreement provided for reasonable terms and conditions of employment, and therefore met the criteria for approval under the Fair Work Act. The Commission approved the Inghams Enterprises (Victorian Hatcheries) Agreement 2021, rejecting the union's objections.

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