DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Inghams Enterprises Pty Limited
(AG2016/884)

INGHAMS ENTERPRISES (CLYDE FEEDMILL) & NUW ENTERPRISE AGREEMENT 2016

Food, beverages and tobacco manufacturing industry
COMMISSIONER ROE	MELBOURNE, 2 MAY 2016

Application for approval of the Inghams Enterprises (Clyde Feedmill) & NUW Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Inghams Enterprises (Clyde Feedmill) & NUW 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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[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 was approved on 2 May 2016 and, in accordance with s.54, will operate from 9 May 2016. The nominal expiry date of the Agreement is 15 July 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Inghams Enterprises Pty Limited applied to the Fair Work Commission for approval of the Inghams Enterprises (Clyde Feedmill) & NUW Enterprise Agreement 2016. The agreement sought to be approved was between Inghams Enterprises and the National Union of Workers. The dispute involved the terms and conditions of employment for workers at the Clyde Feedmill, including wages, hours of work, leave entitlements, and dispute resolution mechanisms. The Fair Work Commission was tasked with determining whether the agreement met the requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement complied with the good faith bargaining requirements, whether it provided for genuine wages and conditions, and whether it met the standards set by the Fair Work (Registered Organisations) Act 2009. The Commission also needed to consider whether the agreement provided for appropriate dispute resolution processes and if it was in the best interests of the employees.

The Fair Work Commission found that the agreement met the necessary requirements for approval. The Commission determined that the bargaining was conducted in good faith, the agreement provided for genuine wages and conditions, and it was in the best interests of the employees. The Commission noted the parties' commitment to resolving disputes through the agreed mechanisms and found the agreement to be fair and reasonable. The Commission approved the agreement, finding it met the standards set by the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009.

The Fair Work Commission approved the Inghams Enterprises (Clyde Feedmill) & NUW Enterprise Agreement 2016, confirming its compliance with the relevant legislation and its suitability for the employees involved. The Commission's decision ensures that the agreement will provide a fair and effective framework for the employment relationship between Inghams Enterprises and the National Union of Workers at the Clyde Feedmill.

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