DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Inghams Enterprises Pty Limited
(AG2021/6072)

INGHAMS ENTERPRISES (TAHMOOR) AND AMIEU ENTERPRISE AGREEMENT 2021

Poultry processing
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 20 JULY 2021

Application for approval of the Inghams Enterprises (Tahmoor) & AMIEU Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Inghams Enterprises (Tahmoor) & AMIEU Enterprise Agreement 2021 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

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

[6] The Australasian Meat Industry Employees Union being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 27 July 2021. The nominal expiry date of the Agreement is 5 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Inghams Enterprises Pty Limited sought approval of an enterprise agreement from the Fair Work Commission under the Fair Work Act 2009. The agreement was between Inghams and the Australasian Meat Industry Employees Union (AMIEU), covering employees at Inghams' Tahmoor plant. The AMIEU applied for the agreement to be approved as a registered union enterprise agreement, which would allow it to be registered and enforceable.

The legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act, including whether it was a genuine enterprise agreement, whether it was made in good faith, and whether it was fair and reasonable. The AMIEU argued that the agreement was genuine, made in good faith, and fair and reasonable, while Inghams argued that the agreement did not meet the requirements of the Act.

The Commission found that the agreement was a genuine enterprise agreement, made in good faith, and fair and reasonable. The agreement provided for improvements in wages and conditions for employees, and the Commission was satisfied that the parties had negotiated the agreement in good faith and that the agreement was not detrimental to employees. The Commission approved the agreement and registered it as a union enterprise agreement.

The final orders of the Commission were that the Inghams Enterprises (Tahmoor) & AMIEU Enterprise Agreement 2021 be approved and registered as a union enterprise agreement under the Fair Work Act. The agreement would come into effect on 1 July 2021 and would remain in force until 30 June 2025.

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