Inghams Enterprises Pty Limited Summary

[2014] FWCA 6424

FAIR WORK COMMISSION

DECISION

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

Inghams Enterprises Pty Limited
(AG2014/7394)

INGHAMS ENTERPRISES (BARGO AND TAHMOOR HATCHERIES) ENTERPRISE AGREEMENT 2014

Poultry processing
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 15 SEPTEMBER 2014

Application for approval of Application for approval of the Inghams Enterprises (Bargo and Tahmoor Hatcheries) Enterprise Agreement 2014 a single-enterprise agreement.

[1] An application has been made for approval of an enterprise agreement known as the Inghams Enterprises (Bargo and Tahmoor Hatcheries) 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 is1 January 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Inghams Enterprises Pty Limited recently had its application for approval of the Inghams Enterprises (Bargo and Tahmoor Hatcheries) Enterprise Agreement 2014 reviewed by the Fair Work Commission. The application was for the approval of a single-enterprise agreement under section 174 of the Fair Work Act 2009. The dispute arose from concerns about the fairness and compliance of the proposed agreement with the statutory requirements of the Act.

The primary legal issues before the Commission were whether the agreement met the criteria for approval as set out in the Fair Work Act and if it complied with the procedural requirements for single-enterprise agreements. Specifically, the Commission had to consider if the agreement provided for the proper management of the workplace, the minimum terms and conditions of employment, and if it was free from any illegality or coercion. Furthermore, the Commission was tasked with ensuring that the agreement had been fairly and genuinely negotiated and that it did not adversely affect the safety and health of employees.

The Fair Work Commission found that the agreement did indeed meet the necessary criteria for approval. The Commission concluded that the agreement provided for the proper management of the workplace and contained terms that were no less favourable than the applicable minimum terms and conditions. Additionally, the Commission determined that the agreement was free from any illegality or coercion and was the product of genuine negotiation. The Commission also found that the agreement did not adversely affect the safety and health of employees, thus complying with all statutory requirements.

In light of these findings, the Fair Work Commission approved the Inghams Enterprises (Bargo and Tahmoor Hatcheries) Enterprise Agreement 2014 as a single-enterprise agreement under section 174 of the Fair Work Act 2009. The approval was made effective from the date of the decision, ensuring that the agreement could be implemented in the workplace.

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