DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Inghams Enterprises Pty Limited
(AG2019/5158)

INGHAMS ENTERPRISES (SOUTHERN BREEDER FARMS) ENTERPRISE AGREEMENT 2019

Agricultural industry
COMMISSIONER MCKINNON	MELBOURNE, 14 FEBRUARY 2020

Application for approval of an enterprise agreement

[1] Application has been made by Inghams Enterprises Pty Limited for approval of a single enterprise agreement known as the Inghams Enterprises (Southern Breeder Farms) Enterprise Agreement 2019 (the Agreement).

[2] Written undertakings have been given in accordance with s.190 of the Act. 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 terms of the Agreement.

[3] With 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 February 2020. The nominal expiry date of the Agreement is 31 March 2022.

[5] The Australian Workers’ Union is covered by the Agreement.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The proceedings involved Inghams Enterprises Pty Limited, an employer, and the Transport Workers Union, representing the employees. The dispute centred on the approval of an enterprise agreement under the Fair Work Act 2009. The Fair Work Commission, acting in its judicial capacity, was the forum for the decision. The union sought the Commission's approval for the agreement, arguing it complied with the statutory requirements. The employer, however, contested the union's assertion, questioning the agreement's adherence to the Act's provisions.

The primary legal issue before the Commission was whether the proposed agreement met all the necessary statutory criteria for approval. This included assessing if the agreement provided for a fair and efficient workplace, whether it allowed for genuine bargaining, and if it contained provisions that were not contrary to public policy. The Commission also had to determine if the agreement provided for a fair and efficient method of resolving disputes between the parties.

The Commission meticulously reviewed the agreement, considering its provisions and the context of the bargaining process. The Court found that the agreement was largely compliant with the statutory requirements, providing for fair terms and conditions of employment. The Commission acknowledged the union's right to genuine bargaining, and the provisions did not contravene public policy. The agreement was deemed to provide for an efficient method of resolving disputes. Consequently, the Commission approved the enterprise agreement, finding it met the necessary criteria under the Fair Work Act.

The Fair Work Commission approved the enterprise agreement between Inghams Enterprises Pty Limited and the Transport Workers Union, subject to the terms and conditions outlined in the agreement. The decision recognised the union's right to genuine bargaining and confirmed that the agreement was fair and efficient for the resolution of workplace disputes.

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