DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Inghams Enterprises Pty Limited
(AG2014/10228)

INGHAMS ENTERPRISES (CLEVELAND MAINTENANCE) ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 17 DECEMBER 2014

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

[1] An application has been made for approval of an enterprise agreement known as the Inghams Enterprises (Cleveland Maintenance) Enterprise Agreement 2014 (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 and 187 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54, will operate from 24 December 2014. 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 (Cleveland Maintenance) Enterprise Agreement 2014. The application concerned the conditions of employment for employees within the Cleveland Maintenance team of Inghams Enterprises. The dispute centred on whether the agreement met the statutory requirements under the Fair Work Act 2009, particularly focusing on provisions relating to wages, hours of work, and other conditions of employment.

The primary legal issues that the Commission needed to address included whether the agreement contained the minimum terms and conditions mandated by the Fair Work Act, and if it complied with the procedural requirements for the making of an enterprise agreement. Additionally, the Commission had to consider if the agreement was made in good faith and whether it was free from any improper influences or coercion.

In its decision, the Commission examined the procedural fairness of the agreement, determining that the process followed adhered to the legal requirements for negotiating and finalising an enterprise agreement. It found that the agreement included all the necessary minimum terms and conditions, and that the provisions were not contrary to public policy or the spirit of the Fair Work Act. The Commission concluded that the agreement was made in good faith and was not subject to any improper influences. Consequently, the Commission approved the Inghams Enterprises (Cleveland Maintenance) 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