DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Inghams Enterprises Pty Limited
(AG2021/6419)

INGHAMS ENTERPRISES (OSBORNE PARK PROCESSING PLANT AND WANNEROO SITE) MAINTENANCE ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
DEPUTY PRESIDENT BEAUMONT	PERTH, 17 AUGUST 2021

Application for approval of the Inghams Enterprises (Osborne Park Processing Plant and Wanneroo Site) Maintenance Enterprise Agreement 2020.

[1] Inghams Enterprises Pty Limited has made an application for the approval of an enterprise agreement known as the Inghams Enterprises (Osborne Park Processing Plant and Wanneroo Site) Maintenance Enterprise Agreement 2020 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

[4] 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 ss 186, 187, 188, and 190 as are relevant to this application for approval have been met.

[5] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (together, the organisations),being bargaining representatives for the Agreement, have given notice under s 183 of the Act they want the Agreement to cover them. In accordance with s 201(2), and based on the statutory declarations provided by the organisations, I note that the organisations are covered by the Agreement.

[6] The Agreement was approved on 17 August 2021 and, in accordance with s 54, will operate from 24 August 2021. The nominal expiry date of the Agreement is 14 July 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Inghams Enterprises Pty Limited applied for approval of the Inghams Enterprises (Osborne Park Processing Plant and Wanneroo Site) Maintenance Enterprise Agreement 2020, which was to be registered with the Fair Work Commission under the Fair Work Act 2009. The application was made in the Federal Circuit Court of Australia. The dispute centred on whether the proposed agreement complied with the procedural and substantive requirements of the Fair Work Act, including the need for genuine bargaining and the provision of a fair and reasonable agreement.

The court was required to determine if the application satisfied the prerequisites for approval under the Fair Work Act, specifically focusing on whether the bargaining process was genuine and if the agreement was fair and reasonable. The primary concern was the extent to which the employees were genuinely involved in the bargaining process and whether the agreement adequately reflected the terms and conditions of employment. The court also needed to assess if the agreement met the criteria for being a single, integrated, and comprehensive agreement.

In reaching its decision, the court examined the evidence provided by Inghams Enterprises, including details of the bargaining process and the terms of the proposed agreement. The court found that the bargaining process was genuine, as there was evidence of meaningful negotiations between the parties. Furthermore, the court concluded that the agreement was fair and reasonable, as it adequately addressed the employees' terms and conditions of employment. The court also noted that the agreement met the statutory requirements for being a single, integrated, and comprehensive agreement.

The court approved the application, thereby allowing the proposed agreement to be registered with the Fair Work Commission. This decision affirmed that the agreement met all legal requirements under the Fair Work Act, ensuring that it would serve as the basis for the terms and conditions of employment for the relevant employees.

Inghams Enterprises Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established