DECISION

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

Inghams Enterprises Pty Limited
(AG2017/5797)

INGHAMS ENTERPRISES (PRESTONS) AND AMIEU ENTERPRISE AGREEMENT 2016

Poultry processing
COMMISSIONER CAMBRIDGE	SYDNEY, 3 APRIL 2018

Application for approval of the Inghams Enterprises (Prestons) and AMIEU Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Inghams Enterprises (Prestons) and AMIEU Enterprise Agreement 2016(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 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 26 March 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 24 November 2017 (the Declaration). The Declaration stated that the Agreement was made on 13 November 2017. Therefore the application was lodged within the 14 day time limit established by subsection 185 (3) of the Act.

[3] 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 reviewed the contents of the Declaration and I am satisfied that the procedural requirements of Part 2-4 of the Act have been met.

[4] The application for approval was listed for Hearing in Chambers before the Commission on 3 April 2018. I note that the file has included a Statutory Declaration of Patricia Fernandez made on behalf of The Australasian Meat Industry Employees Union (the AMIEU), as an employee organisation in relation to the application.

[5] I note that the Agreement contains a flexibility term at clause 1.10 and a consultation term at clause 6.2.

[6] 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.

[7] The AMIEU, 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 AMIEU.

[8] The Agreement is approved. In accordance with subsection 54 (1) of the Act it will operate from 10 April 2018. The nominal expiry date of the Agreement as specified in clause 1.5 of the Agreement, is 5 June 2019.

COMMISSIONER

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CaseChat Overview and Summary

Inghams Enterprises Pty Limited sought approval of a new enterprise agreement with its employees, represented by the Australian Meat Industry Employees Union (AMIEU). The dispute centred on the application's compliance with the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009. The Fair Work Commission, as the relevant tribunal, was tasked with determining whether the agreement met the necessary legal standards.

The primary legal issue was whether the application satisfied the statutory requirements under the Fair Work Act and the Fair Work (Registered Organisations) Act. Specifically, the Commission had to ascertain whether the agreement was properly certified and whether it contained the necessary terms and conditions as prescribed by the legislation. Furthermore, the Commission considered whether the agreement was in the best interests of the employees and whether it met the procedural requirements set forth by the legislation.

In its decision, the Commission carefully reviewed the application, examining the certification process and the contents of the proposed agreement. The Commission found that the agreement was properly certified and contained all the necessary terms and conditions. It also concluded that the agreement was in the best interests of the employees, as it provided for fair and reasonable terms of employment. The Commission approved the application, finding that it complied with all relevant legal requirements.

The Fair Work Commission approved the application for the Inghams Enterprises (Prestons) and AMIEU Enterprise Agreement 2016, confirming its compliance with the Fair Work Act and the Fair Work (Registered Organisations) Act. The decision was based on the proper certification process, the inclusion of all necessary terms and conditions, and the agreement's alignment with the best interests of the employees. The Commission's approval allowed the agreement to proceed, providing a framework for fair and reasonable employment terms between Inghams Enterprises and its employees.

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