DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Inghams Enterprises Pty Limited
(AG2016/3408)

INGHAMS ENTERPRISES (BERRIMA FEEDMILL) ENTERPRISE AGREEMENT 2016

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 11 JULY 2016

Application for approval of the Inghams Enterprises (Berrima Feedmill) Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Inghams Enterprises (Berrima Feedmill) 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 11 July 2016 and, in accordance with s.54, will operate from 18 July 2016. The nominal expiry date of the Agreement is 1 October 2018.

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 seeking approval of the Inghams Enterprises (Berrima Feedmill) Enterprise Agreement 2016. The applicant, Inghams Enterprises, is a poultry producer and feed manufacturer, while the respondent, the Poultry Workers' Union of Australia, represents employees at the Berrima Feedmill. The dispute centres on the terms and conditions outlined in the proposed enterprise agreement, which the union contested on several grounds, including concerns about the fairness and adequacy of the proposed pay rates and conditions.

The legal issues before the Commission involved determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to assess whether the agreement provided for fair and reasonable terms and conditions, taking into account the public interest and the need for efficient and productive workplace relations. The Commission also considered the extent to which the agreement provided for appropriate dispute resolution mechanisms and whether it was free from any provisions that could be considered contrary to public policy.

In reaching its decision, the Fair Work Commission examined the submissions from both parties and the broader context of the poultry industry. The Commission noted the importance of ensuring that the agreement facilitated a productive and harmonious workplace while also protecting the rights of employees. After careful consideration, the Commission found that the proposed agreement was fair and reasonable, as it provided for adequate pay rates and included provisions that promoted efficient workplace relations. The Commission also concluded that the agreement was free from any provisions that could be considered contrary to public policy. Therefore, the Commission approved the Inghams Enterprises (Berrima Feedmill) Enterprise Agreement 2016.

In conclusion, the Fair Work Commission approved the proposed enterprise agreement, finding it to be fair and reasonable and in compliance with the requirements of the Fair Work Act 2009. The decision provides a clear framework for the terms and conditions of employment at the Berrima Feedmill, promoting efficient and productive workplace relations while safeguarding the rights of 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