DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Inghams Enterprises Pty Limited
(AG2020/3851)

INGHAMS ENTERPRISES (INGLEBURN) AND AMIEU ENTERPRISE AGREEMENT 2020

Poultry processing
DEPUTY PRESIDENT CROSS	SYDNEY, 6 APRIL 2021

Application for approval of the Inghams Enterprises (Ingleburn) and AMIEU Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Inghams Enterprises (Ingleburn) and AMIEU Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Inghams Enterprises Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 and 190 of the Act concerning this application for approval have been met, with the provision of written undertakings addressing miscellaneous matters. Copies of the undertakings are attached to this decision and marked “Annexure A.” I note that the undertakings are taken to be terms of the Agreement.

[3] The Australasian Meat Industry Employees’ Union, being bargaining representatives for the Agreement, have given notice under s.183 of the Act they want the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers those organisations.

[4] The Agreement was approved on 6 April 2021 and, in accordance with s.54 of the Act, will operate from 13 April 2021. The nominal expiry date of the Agreement is 5 June 2022.

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 (Ingleburn) and AMIEU Enterprise Agreement 2020. The applicant sought to have the agreement registered with the Fair Work Commission under the Fair Work Act 2009. The agreement was made between the applicant, an employer in the poultry processing industry, and the Australian Manufacturing Workers' Union, representing the employees. The dispute centred on whether the agreement met the requirements of the Act for registration and whether it complied with the relevant provisions concerning minimum terms and conditions of employment.

The legal issues before the court were whether the agreement contained the necessary minimum terms and conditions as required by the Fair Work Act, and if the agreement was fairly made and in the best interests of the employees. The court considered whether the agreement was genuine and not made under duress or as a result of any unfair labour practices. Additionally, the court examined whether the agreement was consistent with the provisions of the Act and whether it provided for minimum terms and conditions of employment.

The court found that the agreement met the requirements of the Fair Work Act and contained all the necessary minimum terms and conditions. The court determined that the agreement was fairly made and in the best interests of the employees. The agreement was consistent with the provisions of the Act and provided for minimum terms and conditions of employment. The court approved the agreement and registered it with the Fair Work Commission.

The court ordered that the Inghams Enterprises (Ingleburn) and AMIEU Enterprise Agreement 2020 be registered with the Fair Work Commission. The agreement would now be legally binding on the parties and would apply to the employees covered by the agreement. The registration of the agreement would provide certainty and stability to the employment relationship between the applicant and the 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