DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Inghams Enterprises Pty Limited
(AG2017/6754)

INGHAMS (VICTORIAN HATCHERIES) ENTERPRISE AGREEMENT 2017

Agricultural industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 16 APRIL 2018

Application for approval of the Inghams (Victorian Hatcheries) Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Inghams (Victorian Hatcheries) Enterprise Agreement 2017 (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 Applicant 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 April 2018. The nominal expiry date of the Agreement is 11 February 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Inghams Enterprises Pty Limited applied to the Fair Work Commission for approval of the Inghams (Victorian Hatcheries) Enterprise Agreement 2017. The dispute arose from the proposed agreement which involved employees in the Victorian hatcheries of Inghams Enterprises. The application was heard by the Fair Work Commission, which was required to assess whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The primary legal issues before the Commission were whether the agreement had been made in accordance with the provisions of the Act, and if it provided for fair and appropriate terms and conditions for the employees.

The Fair Work Commission examined the process by which the agreement was made, considering whether the appropriate bargaining representatives had been involved, and whether the agreement was made in good faith. Additionally, the Commission assessed whether the agreement contained all the mandatory terms required by the Act and whether it provided for fair and reasonable terms and conditions, including adequate wage rates and other employment conditions. The Commission also considered submissions from both parties and relevant stakeholders to determine if the agreement would promote harmonious, productive and cooperative workplace relations.

After thorough consideration of the evidence and submissions, the Commission found that the agreement was made in accordance with the requirements of the Fair Work Act and contained all the necessary mandatory terms. The Commission concluded that the agreement provided for fair and reasonable terms and conditions for the employees and would promote harmonious, productive and cooperative workplace relations. Accordingly, the Commission approved the Inghams (Victorian Hatcheries) Enterprise Agreement 2017.

The Fair Work Commission ordered that the Inghams (Victorian Hatcheries) Enterprise Agreement 2017 be approved and registered under the Fair Work Act 2009. The agreement was to have effect from the date of registration and would apply to the employees covered by the agreement. The Commission further directed that the agreement be published on the Fair Work Commission's website and that copies be provided to the parties and relevant stakeholders.

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