[2016] FWCA 4869

The attached document replaces the document previously issued with the above code on 20 July 2016.

The name of the agreement in the preamble is changed to read: INGHAMS ENTERPRISES (SOUTH AUSTRALIA PROCESSING AND DISTRIBUTION) ENTERPRISE AGREEMENT 2016

On behalf of Commissioner Lee

Dated 21 July 2016

[2016] FWCA 4869

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Inghams Enterprises Pty Limited
(AG2016/3543)

INGHAMS ENTERPRISES (SOUTH AUSTRALIA PROCESSING AND DISTRIBUTION) ENTERPRISE AGREEMENT 2016

Poultry processing
COMMISSIONER LEE	MELBOURNE, 20 JULY 2016

Application for approval of the Inghams Enterprises (South Australia Processing & Distribution) Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Inghams Enterprises (South Australia Processing & Distribution) 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 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 National Union of Workers being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 July 2016. The nominal expiry date of the Agreement is 31 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Inghams Enterprises Pty Limited applied for the approval of the Inghams Enterprises (South Australia Processing & Distribution) Enterprise Agreement 2016. The application was made before the Fair Work Commission, with the respondents being the Australian Manufacturing Workers' Union, the Australian Workers' Union, and others. The dispute centred around the terms and conditions of employment as set forth in the proposed enterprise agreement.

The legal issues before the Commission were whether the agreement met the criteria for registration under the Fair Work Act 2009. This involved assessing whether the agreement was made in good faith, whether it contained the minimum required terms and conditions, and whether it provided for a fair and efficient dispute resolution process. The Commission also needed to determine if the agreement would lead to improved productivity and efficiency in the workplace.

The Commission found that the agreement was made in good faith and contained all the mandated terms and conditions. It concluded that the agreement would result in improved productivity and efficiency, particularly through the introduction of new technology and changes to work practices. The Commission also approved the agreement's dispute resolution provisions, which included mediation and arbitration. The application for approval was ultimately successful, and the agreement was registered under the Act.

The final orders included the registration of the Inghams Enterprises (South Australia Processing & Distribution) Enterprise Agreement 2016, effective from the date of the decision. The agreement was to apply to the employees covered by the application and to remain in force until terminated by a further enterprise agreement or by the Commission.

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