Inghams Enterprises Pty Limited Summary

[2014] FWCA 8202

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Inghams Enterprises Pty Limited
(AG2014/7816)

INGHAMS ENTERPRISES (SORELL) ENTERPRISE AGREEMENT 2014

Poultry processing
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 14 NOVEMBER 2014

Application for approval of the Inghams Enterprises (Sorell) Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Inghams Enterprises (Sorell) 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] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 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. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 14 November 2014 and, in accordance with s.54, will operate from 21 November 2014. The nominal expiry date of the Agreement is 1 May 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Inghams Enterprises Pty Limited sought approval of the Inghams Enterprises (Sorell) Enterprise Agreement from the Fair Work Commission. The dispute arose between the company and its employees, who were represented by the Transport Workers Union. The application was brought before the Fair Work Commission, the body responsible for regulating workplace relations in Australia.

The central legal issues before the Commission were whether the enterprise agreement complied with the Fair Work Act 2009, and whether it contained all the required minimum terms and conditions. The Commission had to determine if the agreement was in the best interests of the employees and did not unfairly discriminate against any group of employees.

The Fair Work Commission approved the application after considering various factors. It found that the agreement met all the legislative requirements and contained the mandated minimum terms and conditions. The Commission also determined that the agreement was in the best interests of the employees, as it provided a fair and reasonable outcome for all parties involved. Additionally, the Commission was satisfied that the agreement did not unfairly discriminate against any group of employees.

The Fair Work Commission approved the Inghams Enterprises (Sorell) Enterprise Agreement, subject to certain conditions and modifications. The approved agreement was to be registered with the Commission and would become the governing workplace agreement between Inghams Enterprises Pty Limited and its employees.

Inghams Enterprises Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established