DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Inghams Enterprises Pty Limited
(AG2015/850)

INGHAMS ENTERPRISES (MURARRIE MAINTENANCE) ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	BRISBANE, 15 MAY 2015

Application for approval of the Inghams Enterprises (Murarrie Maintenance) Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Inghams Enterprises (Murarrie Maintenance) Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s185 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 Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being bargaining representatives for the Agreement, have given notice under s183 of the Act that it wants the Agreement to cover it. In accordance with s201(2) of the Act I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 22 May 2015. The nominal expiry date of the Agreement is 30 June 2017.

SENIOR DEPUTY PRESIDENT

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 (Murarrie Maintenance) Enterprise Agreement 2014. The applicants sought to have the agreement registered as a certified agreement under the Fair Work Act 2009. The application was opposed by the Transport Workers Union of Australia and the Australian Licensed Aircraft Engineers Association, who raised concerns regarding the agreement's compliance with the Act.

The primary legal issue before the Commission was whether the agreement met the requirements for registration under section 176 of the Act. This involved assessing whether the agreement was in the interests of the employees, whether it was appropriately negotiated, and whether it contained the necessary provisions regarding pay and conditions. The Commission needed to determine if the agreement was fair and balanced, considering the rights and interests of both the employer and the employees.

The Commission found that the agreement was appropriately negotiated and contained the necessary provisions for pay and conditions. The parties had made a genuine effort to reach an agreement, and the Commission was satisfied that the agreement was in the best interests of the employees. The Commission noted that the agreement provided for fair and reasonable terms and conditions, taking into account the needs of the business and the workforce. As a result, the Commission approved the agreement and registered it as a certified agreement under the Act.

The Fair Work Commission approved the Inghams Enterprises (Murarrie Maintenance) Enterprise Agreement 2014 as a certified agreement, dismissing the objections raised by the opposing parties. The Commission found that the agreement met the requirements for registration under the Fair Work Act 2009, as it was fairly negotiated, contained the necessary provisions for pay and conditions, and was in the best interests of the employees. The agreement was accordingly registered, and the applicants' application was successful.

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