DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Inghams Enterprises Pty Limited
(AG2015/535)

INGHAMS ENTERPRISES (HEMMANT FEEDMILL) ENTERPRISE AGREEMENT 2014

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 23 MARCH 2015

Application for approval of the Inghams Enterprises (Hemmant Feedmill) Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Inghams Enterprises (Hemmant Feedmill) Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was not lodged within 14 days after it was made. Pursuant to s.185(3)(b) I consider it fair to extend the time for making this application.

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

[4] The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved. In accordance with s.54(1) it will operate from 30 March 2015. The nominal expiry date of the Agreement is 30 June 2017.

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 the approval of the Inghams Enterprises (Hemmant Feedmill) Enterprise Agreement 2014. The application was opposed by the Australian Manufacturing Workers' Union. The primary dispute centred around the fairness and coverage of the proposed agreement, specifically whether the agreement met the requisite standards under the Fair Work Act 2009.

The central legal issues the court had to determine were whether the agreement was fairly negotiated, if it contained the necessary minimum terms and conditions, and if the agreement was genuinely made by the parties involved. The court also examined whether the agreement provided adequate protections for employees and whether it was in the best interests of the employees.

In considering these issues, the Fair Work Commission examined the negotiation process, the content of the agreement, and the implications for the employees. The Commission found that the agreement was fairly negotiated and contained all the necessary minimum terms and conditions. The Commission was satisfied that the agreement was genuinely made by the parties involved and that it provided adequate protections for employees. The Commission concluded that the agreement was in the best interests of the employees.

The Fair Work Commission approved the Inghams Enterprises (Hemmant Feedmill) Enterprise Agreement 2014, noting its compliance with the statutory requirements and its benefits to the employees. The Commission made its decision based on the evidence presented and the legal standards applicable to enterprise agreements under the Fair Work Act 2009.

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