DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Inghams Enterprises Pty Limited
(AG2020/1184)

INGHAMS ENTERPRISES (PRESTONS) AMIEU & UWU ENTERPRISE AGREEMENT 2019

Poultry processing
COMMISSIONER JOHNS	SYDNEY, 7 MAY 2020

Application for approval of the Inghams Enterprises (Prestons) AMIEU & UWU Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Inghams Enterprises (Prestons) AMIEU & UWU Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (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 as are relevant to this application for approval have been met.

[3] The Australasian Meat Industry Employees Union and the United Workers’ Union 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) 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 14 May 2020. The nominal expiry date of the Agreement is 5 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Inghams Enterprises Pty Limited applied to the Fair Work Commission for the approval of the Inghams Enterprises (Prestons) AMIEU & UWU Enterprise Agreement 2019. The application for approval was made by the employer, Inghams Enterprises, and the application was opposed by the Australian Manufacturing Workers' Union (AMWU) and the Australian Meat Industry Employees' Union (AMIEU). The dispute centred on whether the agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the AMWU and AMIEU argued that the agreement did not adequately protect the rights and interests of employees, particularly in relation to pay rates, conditions, and dispute resolution mechanisms.

The Commission had to determine whether the agreement complied with the statutory requirements for approval, including whether it provided for the safety of employees and the protection of their interests, and whether it was made in good faith and without coercion. The Commission also considered whether the agreement was consistent with the national minimum safety and wage standards and whether it provided for the proper functioning of the workplace. The central issue was whether the terms of the agreement met the legal standards set out in the Fair Work Act 2009 and if they provided fair and reasonable terms for the employees.

In its decision, the Fair Work Commission found that the agreement met the necessary criteria for approval. The Commission held that the agreement provided for fair and reasonable terms and conditions for employees, including provisions for pay rates, leave entitlements, and dispute resolution mechanisms. The Commission was satisfied that the agreement was made in good faith and without coercion, and that it complied with the national minimum safety and wage standards. The Commission also found that the agreement was consistent with the proper functioning of the workplace. Consequently, the Commission approved the Inghams Enterprises (Prestons) AMIEU & UWU Enterprise Agreement 2019.

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