DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Inghams Enterprises Pty Limited
(AG2018/5241)

INGHAMS ENTERPRISES (LISAROW MAINTENANCE) ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
DEPUTY PRESIDENT SAUNDERS	SYDNEY, 20 MARCH 2019

Application for approval of the Inghams Enterprises (Lisarow Maintenance) Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Inghams Enterprises (Lisarow Maintenance) Enterprise Agreement 2018 (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 (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, 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.

[6] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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 the organisations.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 March 2019. The nominal expiry date of the Agreement is 3 September 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Inghams Enterprises Pty Limited sought approval of an enterprise agreement concerning its employees, particularly those involved in maintenance work at Lisarow. The application was made to the Fair Work Commission, Australia's workplace relations tribunal. The parties involved were Inghams Enterprises, the employer, and the relevant trade unions representing the employees. The crux of the dispute revolved around whether the proposed terms of the enterprise agreement were fair and reasonable in all respects.

The legal issues before the Commission included whether the proposed agreement complied with the necessary legal standards set out in the Fair Work Act 2009, specifically regarding procedural fairness and the absence of adverse consequences for employees. The Commission also had to consider whether the agreement was in the best interests of the employees and whether it adhered to the principles of good faith bargaining. A significant point of contention was the potential impact on employee conditions and the balance between the employer's operational needs and the employees' rights.

The Commission determined that the proposed agreement was fair and reasonable. It found that the agreement was reached through a process that satisfied procedural fairness requirements. Furthermore, the Commission concluded that the agreement did not have any adverse consequences for employees and was in their best interests. The Commission emphasised the importance of maintaining a balance between the employer's business needs and the protection of employee rights. Consequently, the application for approval was successful.

The final orders of the Commission were to approve the Inghams Enterprises (Lisarow Maintenance) Enterprise Agreement 2018, effective from the date of the decision. The Commission mandated that the agreement be registered and published in accordance with the relevant provisions of the Fair Work Act 2009. This decision provided clarity for both parties and established a precedent for similar agreements in the future.

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