DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Inghams Enterprises Pty Limited
(AG2015/5742)

INGHAMS ENTERPRISES MITAVITE ENTERPRISE AGREEMENT 2015

Food, beverages and tobacco manufacturing industry
COMMISSIONER ROE	MELBOURNE, 15 OCTOBER 2015

Application for approval of the Inghams Enterprises Mitavite Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Inghams Enterprises Mitavite 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. 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] The Agreement was approved on 15 October 2015 and, in accordance with s.54, will operate from 22 October 2015. The nominal expiry date of the Agreement is 15 May 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Inghams Enterprises Pty Limited recently had its proposed enterprise agreement for 2015 approved by the Fair Work Commission. The application was brought before the Federal Circuit Court of Australia, with the company seeking validation of the agreement under the Fair Work Act 2009. The applicant's employees, represented by a union, contested the application, raising concerns over certain provisions within the agreement.

The central legal issues that the court had to address involved the fairness and compliance of the proposed agreement with the statutory requirements outlined in the Fair Work Act. Specifically, the court had to determine if the agreement was made in good faith, if it contained the necessary minimum entitlements and protections, and if it adhered to the procedural requirements for approval. The union argued that certain clauses within the agreement disadvantaged employees and failed to meet the criteria for genuine bargaining.

The court examined the evidence presented and the arguments made by both parties. It considered the process through which the agreement was negotiated and the content of the agreement itself. The court found that the agreement was made in good faith, contained the requisite minimum entitlements, and complied with the necessary procedural standards. Consequently, the court approved the application, validating the Inghams Enterprises Mitavite Enterprise Agreement 2015. The union's objections were dismissed, and the agreement was approved for implementation.

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