Inghams Enterprises Pty Limited
[2024] FWCA 4181
•28 NOVEMBER 2024
| [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
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ANNEXURE A
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