DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Inghams Enterprises Pty Limited
(AG2018/6674)

INGHAMS ENTERPRISES (CLYDE FEEDMILL) & NUW ENTERPRISE AGREEMENT 2018

Food, beverages and tobacco manufacturing industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 14 MARCH 2019

Application for approval of the Inghams Enterprises (Clyde Feedmill) & NUW Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Inghams Enterprises (Clyde Feedmill) & NUW 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. 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.

[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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The National Union of Workers, 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 was approved on 14 March 2019 and, in accordance with s.54, will operate from 21 March 2019. The nominal expiry date of the Agreement is 15 July 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Inghams Enterprises Pty Limited recently sought approval of an enterprise agreement from the Fair Work Commission. The agreement in question, the Inghams Enterprises (Clyde Feedmill) & NUW Enterprise Agreement 2018, was proposed to cover employees at the Clyde Feedmill, a subsidiary of Inghams Enterprises. The dispute arose when the National Union of Workers (NUW) and Inghams Enterprises could not reach a consensus on certain terms of the proposed agreement, prompting the application to the Fair Work Commission for its approval.

The legal issues before the Commission included whether the proposed agreement met the requirements under the Fair Work Act 2009 for registration and approval. Specifically, the Commission needed to determine if the agreement was a "simplified procedure agreement" and if it contained the necessary "protected action provisions." Furthermore, the Commission had to consider whether the agreement provided fair and reasonable terms and conditions for the employees, including matters such as minimum wages, leave entitlements, and other employment conditions.

In examining the application, the Commission considered the submissions from both parties, the evidence presented, and relevant legislative provisions. The Commission found that the proposed agreement did indeed meet the criteria for a simplified procedure agreement and contained all the required protected action provisions. The Commission was satisfied that the agreement provided fair and reasonable terms and conditions for the employees, taking into account the specific circumstances of the workforce at the Clyde Feedmill. Consequently, the Commission approved the agreement, allowing it to be registered and binding on the parties involved.

The final orders of the Commission were that the Inghams Enterprises (Clyde Feedmill) & NUW Enterprise Agreement 2018 be approved and registered under the Fair Work Act 2009. The agreement was to commence on the date of registration and would apply to the employees covered by the agreement. The decision provided clarity and finality to the dispute, ensuring that the terms of employment for the employees at the Clyde Feedmill were legally recognised and enforceable.

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