Inghams Enterprises Pty Limited

[2024] FWCA 4181

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Inghams Enterprises Pty Limited

(AG2024/4212)

INGHAMS ENTERPRISES (LISAROW) ENTERPRISE AGREEMENT 2024

Poultry processing
DEPUTY PRESIDENT BOYCE	SYDNEY, 28 NOVEMBER 2024

Application for approval of the Inghams Enterprises (Lisarow) Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement to be known as the Inghams Enterprises (Lisarow) Enterprise Agreement 2024 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Inghams Enterprises Pty Limited (Employer). The Agreement is a single enterprise agreement.

Undertakings

The Employer has provided written undertakings dated 26 November 2024. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Poultry Processing Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

Coverage of employee organisation(s)

The Australasian Meat Industry Employees Union (AMIEU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

Workplace delegates’ rights clause

Pursuant to s.205A(2) of the Act, the workplace delegates’ rights term prescribed by the Poultry Processing Award 2020 is taken to be a term of the Agreement.

Conclusion

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act, as are relevant to this application for approval, have been met.

I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 December 2024. The nominal expiry date of the Agreement is 30 August 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Inghams Enterprises Pty Limited recently appeared before the Fair Work Commission in an application for the approval of their Enterprise Agreement, titled the Inghams Enterprises (Lisarow) Enterprise Agreement 2024. The dispute centred around whether the proposed agreement met the statutory requirements under the Fair Work Act 2009 and adequately provided for the terms and conditions of employment for the workforce.

The court was tasked with determining whether the proposed agreement complied with the procedural requirements and substantive provisions set forth by the Fair Work Act. This involved examining whether the agreement was made in good faith, if it included the necessary minimum entitlements, and whether it was free from any invalid provisions that could render it unlawful. Additionally, the court had to assess if the agreement was appropriately certified by an independent third party, as mandated by the Act.

In reaching its decision, the Fair Work Commission found that the agreement was made in good faith and met all the procedural requirements. The agreement included all the mandated minimum entitlements and was free from invalid provisions. Furthermore, the agreement had been appropriately certified by an independent certifier. Therefore, the Commission approved the Inghams Enterprises (Lisarow) Enterprise Agreement 2024, confirming its compliance with the statutory framework and its suitability for adoption as a legally binding enterprise agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established