[2015] FWCA 1435

The attached document replaces the document previously issued with the above code on 5 March 2015.

The words “Agreement 2014” have been added in paragraph [1].

Associate to Commissioner Gregory

Dated 10 March 2015.

[2015] FWCA 1435

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Inghams Enterprises Pty Limited
(AG2015/24)

INGHAMS ENTERPRISES (SOMERVILLE SECURITY) ENTERPRISE AGREEMENT 2014

Security services
COMMISSIONER GREGORY	MELBOURNE, 5 MARCH 2015

Application for approval of the Inghams Enterprises (Somerville Security) Enterprise Agreement 2014.

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

[2] The proposed Agreement does not contain a flexibility term as required by the Act. Therefore, pursuant to s.202(4) of the Act the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[3] I am otherwise satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[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 5 March 2015 and, in accordance with s.54, will operate from 12 March 2015. The nominal expiry date of the Agreement is 15 August 2017.

COMMISSIONER

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 (Somerville Security) Enterprise Agreement 2014. The application arose from negotiations between the applicant and the Somerville Security division of Inghams, represented by the Australian Manufacturing Workers' Union. The dispute centred on the terms and conditions of employment for the Somerville Security employees, including wages, hours of work, and other employment-related matters.

The primary legal issue before the court was whether the terms of the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the court had to determine if the agreement provided for fair and reasonable terms, including remuneration and conditions of employment that were no less favourable than the applicable national award or safety net award. The court also needed to assess whether the agreement had been made in good faith and without coercion.

The court found that the proposed agreement met the statutory requirements for approval. The terms of the agreement were considered fair and reasonable, providing for remuneration and conditions that were not less favourable than the applicable awards. The court was satisfied that the agreement had been made in good faith, without any element of coercion. Consequently, the court approved the Inghams Enterprises (Somerville Security) Enterprise Agreement 2014.

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