DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Inghams Enterprises Pty Limited
(AG2016/2449)

INGHAMS ENTERPRISES (HEMMANT FEEDMILL MAINTENANCE) ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 31 MARCH 2016

Application for approval of the Inghams Enterprises (Hemmant Feedmill Maintenance) Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Inghams Enterprises (Hemmant Feedmill Maintenance) Enterprise Agreement 2015 (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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 April 2016. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Price code C, AE418390 PR578441

CaseChat Overview and Summary

The applicants, Inghams Enterprises Pty Limited, sought approval of the Inghams Enterprises (Hemmant Feedmill Maintenance) Enterprise Agreement 2015 from the Fair Work Commission. The dispute arose as the agreement involved the negotiation and subsequent application for approval of the terms and conditions of employment for workers in the maintenance department at the Hemmant Feedmill. The Commission, acting under the Fair Work Act 2009, was tasked with determining whether the agreement was appropriate for registration.

The central legal issue was whether the agreement met the requirements for registration under the Fair Work Act. This included assessing whether the agreement was made in good faith and whether it contained appropriate dispute resolution mechanisms. Additionally, the Commission needed to consider whether the agreement provided fair and reasonable terms for the workers involved, including minimum wages and conditions as prescribed by the Act.

The Commission found that the agreement was made in good faith and included appropriate dispute resolution mechanisms. It was also determined that the agreement provided fair and reasonable terms for the workers, meeting all the necessary requirements under the Fair Work Act. The Commission was satisfied that the agreement adhered to the statutory provisions and met the criteria for registration.

As a result, the Fair Work Commission approved the Inghams Enterprises (Hemmant Feedmill Maintenance) Enterprise Agreement 2015. The approval signified that the agreement could be implemented as a legally binding enterprise agreement, governing the terms and conditions of employment for the workers in the maintenance department at the Hemmant 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