Inghams Enterprises Pty Limited Summary

[2014] FWCA 6422

The attached document replaces the document previously issued with the above code on 15 September 2014.

The name of the agreement has been amended in the content of the agreement to include “Pty Limited”

Bronwyn Brown

Associate to DEPUTY PRESIDENT LAWRENCE

16 September 2014

[2014] FWCA 6422

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Inghams Enterprises Pty Limited
(AG2014/7396)

INGHAMS ENTERPRISES PTY LIMITED (TURKEY BREEDER FARMS) ENTERPRISE AGREEMENT 2014

Poultry processing
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 15 SEPTEMBER 2014

Application for approval of the Inghams Enterprises Pty Limited (Turkey Breeder Farms) Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as Inghams Enterprises Pty Limited (Turkey Breeder Farms) 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] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Australian Workers Union, Greater New South Wales Branch, 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.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 22 September 2014. The nominal expiry date of the Agreement is 1 January 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 approval of the Inghams Enterprises Pty Limited (Turkey Breeder Farms) Enterprise Agreement 2014. The application was opposed by the Poultry Workers Union of Australia. The dispute centred on the terms and conditions of employment for workers in the turkey breeder farms operated by Inghams Enterprises. The Fair Work Commission was required to determine whether the proposed agreement complied with the relevant legislative provisions and if it met the requirements for an enterprise agreement under the Fair Work Act 2009.

The Commission considered whether the agreement contained the minimum terms and conditions as prescribed by the Fair Work Act, including minimum wages, penalty rates, leave entitlements, and other employment conditions. Additionally, the Commission had to assess if the agreement had been genuinely negotiated between the employer and the union, and if it was in the best interests of the employees. The Commission also examined whether the agreement complied with the good faith bargaining obligations and other procedural requirements.

The Fair Work Commission found that the agreement contained the prescribed minimum terms and conditions and was genuinely negotiated. The Commission determined that the agreement met the requirements of the Fair Work Act and was in the best interests of the employees. The Commission approved the application for the agreement to be registered as a certified agreement. The Poultry Workers Union of Australia's opposition to the registration was dismissed.

The Fair Work Commission approved the registration of the Inghams Enterprises Pty Limited (Turkey Breeder Farms) Enterprise Agreement 2014 as a certified agreement. The decision ensures that the employees in the turkey breeder farms operated by Inghams Enterprises have a legally binding enterprise agreement that sets out their terms and conditions of employment.

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