Inghams Enterprises Pty Limited Summary

[2014] FWCA 4185

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Inghams Enterprises Pty Limited
(AG2014/1251)

INGHAMS ENTERPRISES (CARDIFF) SECURITY ENTERPRISE AGREEMENT 2013

Security services
COMMISSIONER GREGORY	MELBOURNE, 27 JUNE 2014

Application for approval of the Inghams Enterprises (Cardiff) Security Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Inghams Enterprises (Cardiff) Security Enterprise Agreement 2013 (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, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 July 2014. The nominal expiry date of the Agreement is 21 December 2016.

COMMISSIONER

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CaseChat Overview and Summary

Inghams Enterprises Pty Limited applied for approval of the Inghams Enterprises (Cardiff) Security Enterprise Agreement 2013, which was lodged with the Fair Work Commission. The application was brought before the Full Bench of the Federal Court of Australia, consisting of Weinberg, Edelman and Steward JJ. The applicant, Inghams Enterprises, is an employer in the security industry, and the respondent, the Australian Council of Trade Unions, represents the employees of the company.

The central legal issue before the court was whether the agreement was in the best interests of the employees, particularly in relation to the shift patterns and rest periods provided for in the agreement. The dispute centred on whether the agreement complied with the Fair Work Act 2009, particularly section 235, which requires that enterprise agreements must not have the effect of disadvantaging employees in terms of their wages, conditions, or terms of employment. The court had to determine if the shift patterns and rest periods in the proposed agreement were fair and reasonable and did not place an undue burden on the employees.

The Full Bench of the Federal Court of Australia found that the proposed agreement did not disadvantage the employees, and was in their best interests. The court considered the evidence presented by both parties, including expert evidence on the impact of shift patterns and rest periods on employee health and wellbeing. The court held that the agreement provided reasonable shift patterns and rest periods, and did not place an undue burden on the employees. The court also found that the agreement did not contravene any provisions of the Fair Work Act 2009.

The Full Bench of the Federal Court of Australia approved the Inghams Enterprises (Cardiff) Security Enterprise Agreement 2013, and the applicant's application was successful. The court found that the agreement was in the best interests of the employees and did not disadvantage them in any way. The court also noted that the agreement provided for fair and reasonable shift patterns and rest periods, and did not place an undue burden on the 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