Inghams Enterprises Pty Limited

[2018] FWCA 3327

[2018] FWCA 3327

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Inghams Enterprises Pty Limited
(AG2017/5806)

INGHAMS ENTERPRISES (BARGO AND TAHMOOR HATCHERIES) ENTERPRISE AGREEMENT 2017

Poultry processing
COMMISSIONER CAMBRIDGE	SYDNEY, 7 JUNE 2018

Application for approval of the Inghams Enterprises (Bargo and Tahmoor Hatcheries) Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Inghams Enterprises (Bargo and Tahmoor Hatcheries) Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s. 185 of the Fair Work Act 2009 (the Act). The application has been made by Inghams Enterprises Pty Limited (the Employer). The Agreement is a single-enterprise agreement.

[2] The application was lodged with the Fair Work Commission (the Commission) at Sydney on 27 November 2017. On 10 April 2018, the application was referred to the Commission as currently constituted. The application included a Statutory Declaration of David Story made on behalf of the Employer and dated 27 November 2017 (the Declaration). The Declaration stated that the Agreement was made on 13 November 2017. Therefore the application was made within the 14 day lodgement time limit established by subsection 185 (3) (a) of the Act.

[3] The application for approval was listed for Hearing on 27 April 2018, at which time Mr D Story appeared for the Employer and Ms J Gherjestani and Ms P Parker appeared for The Australian Workers’ Union (AWU). During the proceedings held on 27 April, the Commission identified various issues relating to the contents of certain terms contained in the Agreement which required clarification.

[4] Mr Story, Ms Gherjestani and Ms Parker provided some important clarifications during the Hearing. The Employer was invited to consider some residual issues raised by the Commission and to respond in writing. The Commission has received correspondence dated 8 May and 4 June 2018, from the Employer, which included further material in support of the application together with Undertakings, dated 8 May 2018, made by and duly signed by the Employer, and proposed to the Commission pursuant to s. 190 of the Act (the Undertakings). The Commission has also received correspondence dated 22 May 2018 from the AWU.

[5] Consequently I have further considered the application for approval having regard for the clarifications provided during the Hearing, the further material in support of the application, the further correspondence from the AWU, and the Undertakings.

[6] Part 2-4 of the Act includes various procedural requirements that must be satisfied before the Commission can approve of an enterprise agreement. I have further examined the contents of the Declaration in the context of the clarifications provided during the Hearing and the further material in support of the application. On the basis of this material I am satisfied that the procedural requirements of Part 2-4 of the Act have been met in this instance.

[7] I note that the file has included a Statutory Declaration of Leah Tucker made on behalf of the AWU, as an employee organisation in relation to the application. I also note that the Agreement contains a flexibility term at clause 2.6 and a consultation term at clause 2.7.

[8] I am prepared to accept the Undertakings. As provided by s. 191 of the Act, the Undertakings are taken to be terms of the Agreement. Having considered all of the material provided to the Commission, I am satisfied that each of the requirements of ss. 186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[9] The AWU, being a bargaining representative for the Agreement, has given notice under s. 183 of the Act that it wants the Agreement to cover it. As required by subsection 201 (2) of the Act I note that the Agreement covers the AWU.

[10] The Agreement as varied by the Undertakings is approved. In accordance with subsection 54 (1) of the Act, the Agreement will operate from 14 June 2018. In accordance with clause 1.5 of the Agreement the nominal expiry date of the Agreement is 1 January 2020.

COMMISSIONER

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