DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Inghams Enterprises Pty Limited
(AG2020/3732)

INGHAM'S ENTERPRISES (TURKEY BREEDER FARMS AND HATCHERIES) ENTERPRISE AGREEMENT 2020

Agricultural industry
COMMISSIONER JOHNS	SYDNEY, 19 JANUARY 2021

Application for approval of the Ingham's Enterprises (Turkey Breeder Farms and Hatcheries) Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Ingham’s Enterprises (Turkey Breeder Farms and Hatcheries) 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] The Employer 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. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, 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.

[4] The Australian Workers’ Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 January 2021. The nominal expiry date of the Agreement is 1 January 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Inghams Enterprises Pty Limited applied to the Fair Work Commission for approval of an enterprise agreement. The applicant sought to have the Ingham's Enterprises (Turkey Breeder Farms and Hatcheries) Enterprise Agreement 2020 approved under the Fair Work Act 2009. The dispute involved the terms and conditions of employment for employees working in the turkey breeder farms and hatcheries operated by the applicant.

The legal issues before the court were whether the enterprise agreement met the requirements of the Fair Work Act, including whether it provided for minimum terms and conditions, whether it was free from prohibited content, and whether it was certified by a certified organiser or the Fair Work Commission. Additionally, the court had to determine if the agreement was in the best interests of the employees.

The court found that the enterprise agreement satisfied the statutory requirements and was in the best interests of the employees. The agreement provided for minimum terms and conditions, did not contain any prohibited content, and was certified by a certified organiser. The court also considered the evidence and submissions from both parties and determined that the agreement was fair and reasonable, taking into account the specific circumstances of the employees and the industry. Consequently, the court approved the enterprise agreement.

The final orders of the court were that the Ingham's Enterprises (Turkey Breeder Farms and Hatcheries) Enterprise Agreement 2020 be approved under section 173 of the Fair Work Act 2009, effective from the date of the approval. The agreement was to apply to employees who were party to the agreement and not already covered by another applicable agreement or award. The orders also provided for the registration of the approved agreement with the Fair Work Commission.

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