DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Inghams Enterprises Pty Limited
(AG2021/46)

INGHAMS ENTERPRISES (OSBORNE PARK & HAZELMERE) ENTERPRISE AGREEMENT 2020

Food, beverages and tobacco manufacturing industry
COMMISSIONER WILLIAMS	PERTH, 10 MARCH 2021

Application for approval of the Inghams Enterprises (Osborne Park & Hazelmere) Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Inghams Enterprises (Osborne Park & Hazelmere) 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 Limited. The Agreement is a single-enterprise agreement.

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

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the United Workers’ Union (UWU), being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers these organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 March 2021. The nominal expiry date of the Agreement is 12 January 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Inghams Enterprises Pty Limited recently appeared before the Fair Work Commission to seek approval for their proposed Enterprise Agreement 2020. This agreement pertains to employees working at their Osborne Park and Hazelmere locations. The applicant, Inghams Enterprises, sought the Commission's approval under the Fair Work Act 2009 to ensure the agreement would be directly binding on the employees covered by it. The legal issues before the Commission were whether the agreement met the "better off overall test" and whether it contained all the required "protected attributes" as stipulated in the Fair Work Act.

The Fair Work Commission evaluated the proposed agreement against the statutory requirements set out in the Fair Work Act. Central to the inquiry was the "better off overall test," which ensures that no employee is worse off financially and that at least some employees are better off overall compared to their previous conditions. Additionally, the Commission assessed whether the agreement included all mandatory terms and conditions as per the Act, including minimum wages, leave entitlements, and other protected attributes such as maximum weekly hours and penalty rates. The Commission found that the agreement complied with these requirements and met the necessary standards for approval.

After thorough examination, the Commission determined that the proposed agreement was fair and met all statutory requirements. The agreement was approved as it ensured no employee would be worse off and provided better terms and conditions for some employees. Additionally, the agreement contained all mandatory terms and conditions as required by the Fair Work Act. Consequently, the Commission granted approval for the Inghams Enterprises (Osborne Park & Hazelmere) Enterprise Agreement 2020 to be directly binding on 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