Inghams Enterprises Pty Limited
[2025] FWCA 2124
•30 JUNE 2025
| [2025] FWCA 2124 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Inghams Enterprises Pty Limited
(AG2025/1873)
INGHAMS ENTERPRISES (MURARRIE MAINTENANCE) ENTERPRISE AGREEMENT 2025
| Poultry processing | |
| COMMISSIONER HUNT | BRISBANE, 30 JUNE 2025 |
Application for approval of the Inghams Enterprises (Murarrie Maintenance) Enterprises Agreement 2025
Inghams Enterprises Pty Limited (the Employer) has applied for approval of an enterprise agreement known as the Inghams Enterprises (Murarrie Maintenance) Enterprises Agreement 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.
The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, commencing operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 20 November 2024 and the Agreement was made on 4 June 2025. Accordingly, the genuine agreement requirements and the better off overall test requirements are those applying on and from 6 June 2023.
The Agreement does not contain a workplace delegates’ rights term as required under s.205A of the Act for agreements made on or after 1 July 2024. Pursuant to s.205A(2) of the Act, the workplace delegates’ rights term prescribed by the Manufacturing and Associated Industries and Occupations Award 2020 is attached to the Agreement and taken to be a term of it.
I have taken into consideration the material filed in the Commission. 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. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.
The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being a bargaining representative for the Agreement, has given notice under s.183 that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the AMWU.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from
7 July 2025. The nominal expiry date of the Agreement is 31 March 2028
COMMISSIONER
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