Inghams Enterprises Pty Limited Summary

[2025] FWCA 2124

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Inghams Enterprises Pty Limited

(AG2025/1873)

INGHAMS ENTERPRISES (MURARRIE MAINTENANCE) ENTERPRISE AGREEMENT 2025

Poultry processing
COMMISSIONER HUNT	BRISBANE, 30 JUNE 2025

Application for approval of the Inghams Enterprises (Murarrie Maintenance) Enterprises Agreement 2025

Inghams Enterprises Pty Limited (the Employer) has applied for approval of an enterprise agreement known as the Inghams Enterprises (Murarrie Maintenance) Enterprises Agreement 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, commencing operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 20 November 2024 and the Agreement was made on 4 June 2025. Accordingly, the genuine agreement requirements and the better off overall test requirements are those applying on and from 6 June 2023.

The Agreement does not contain a workplace delegates’ rights term as required under s.205A of the Act for agreements made on or after 1 July 2024. Pursuant to s.205A(2) of the Act, the workplace delegates’ rights term prescribed by the Manufacturing and Associated Industries and Occupations Award 2020 is attached to the Agreement and taken to be a term of it.

I have taken into consideration the material filed in the Commission. 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 s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

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 that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the AMWU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from

7 July 2025. The nominal expiry date of the Agreement is 31 March 2028

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Inghams Enterprises Pty Limited applied to the Fair Work Commission for the approval of the Inghams Enterprises (Murarrie Maintenance) Enterprise Agreement 2025. The application involved the workers employed by Inghams Enterprises at its Murarrie maintenance facility. The nature of the dispute centred around the terms and conditions outlined in the proposed enterprise agreement, which aimed to govern the employment relationship between the employer and the workers.

The primary legal issues that the Commission was required to decide involved assessing whether the proposed agreement met the requirements of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement was a "single interest" enterprise agreement, whether it provided for "appropriate" minimum terms, and if the agreement had been made "in good faith". The Commission also had to consider whether the agreement adequately covered matters such as pay rates, hours of work, and other employment conditions that were necessary for a fair and effective workplace.

In its decision, the Commission examined the submissions and evidence provided by both parties. The Commission concluded that the proposed agreement was a single interest enterprise agreement, as it was made between the employer and the employees at the Murarrie maintenance facility. The Commission found that the agreement provided for appropriate minimum terms and had been made in good faith, taking into account the submissions and evidence provided by the parties. The Commission approved the Inghams Enterprises (Murarrie Maintenance) Enterprise Agreement 2025, finding it to be fair and appropriate for the workers employed at the Murarrie maintenance facility. The Commission certified the agreement as a registered agreement under the Fair Work Act 2009.

Inghams Enterprises Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established