DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Inghams Enterprises Pty Limited
(AG2018/2074)

INGHAMS ENTERPRISES (MURARRIE MAINTENANCE) ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 8 AUGUST 2018

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

[1] An application has been made for approval of an enterprise agreement known as the Inghams Enterprises (Murarrie 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. 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.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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 15 August 2018. The nominal expiry date of the Agreement is 31 March 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Inghams Enterprises Pty Limited sought approval of the Inghams Enterprises (Murarrie Maintenance) Enterprise Agreement 2018 from the Fair Work Commission. The agreement was entered into between Inghams Enterprises, a large poultry processing company, and the United Voice union, which represented the maintenance workers at the Murarrie poultry processing plant. The dispute centred on the terms and conditions of employment for the maintenance workers, including issues such as wages, hours of work, and other employment-related matters.

The key legal issues before the Commission were whether the agreement complied with the requirements of the Fair Work Act 2009 and whether it was made in good faith and without coercion. The Commission had to consider whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it was appropriately negotiated and certified by the union. The Commission also had to determine whether the agreement met the “better off overall test” and whether it provided for a fair and reasonable outcome for the employees.

The Commission found that the agreement was made in good faith and without coercion, and that it provided for fair and reasonable terms and conditions of employment. The Commission also found that the agreement met the better off overall test, as the employees would be better off with the agreement than without it. The Commission approved the agreement, noting that it provided for a number of improvements for the employees, including increased wages and improved working conditions. The Commission also noted that the agreement was appropriately negotiated and certified by the union.

The Fair Work Commission approved the Inghams Enterprises (Murarrie Maintenance) Enterprise Agreement 2018, finding that it met the requirements of the Fair Work Act 2009 and provided for fair and reasonable terms and conditions of employment. The agreement will now apply to the maintenance workers at the Murarrie poultry processing plant, and will remain in force until it is replaced by a new enterprise agreement or until it is terminated by the 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