Inghams Enterprises Pty Limited Summary

[2014] FWCA 4131

The attached document replaces the document previously issued with the above code on 23 June 2014.

This document inserts a new paragraph [3], and renumbers the subsequent paragraphs accordingly.

Stevie Smith

Associate to Commissioner Riordan

Dated 23 June 2014

[2014] FWCA 4131

FAIR WORK COMMISSION

DECISION

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

Inghams Enterprises Pty Limited
(AG2014/1358)

INGHAMS ENTERPRISES (LISAROW) ENTERPRISE AGREEMENT 2014

Poultry processing
COMMISSIONER RIORDAN	SYDNEY, 23 JUNE 2014

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

[1] An application has been made for approval of an enterprise agreement known as the Inghams Enterprises (Lisarow) 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 Applicant). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Australasian Meat Industry Employees Union Newcastle and Northern Branch (AMIEU) have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Fair Work Commission received correspondence dated 18 June 2014, which included further material in support of the application together with Undertakings made by and duly signed by the Human Resources Business Partner, proposed to FWC pursuant to s.190 of the Act (the Undertakings).

[5] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 28 February 2017.

COMMISSIONER

Undertaking

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 (Lisarow) Enterprise Agreement 2014. The application was made under section 232 of the Fair Work Act 2009, which requires the Commission to approve an enterprise agreement if it is satisfied that the agreement provides for, among other things, the safety and welfare of employees. The dispute arose out of negotiations between the employer and the union representing the employees, the Shop, Distributive and Allied Employees Association (SDA). The SDA objected to certain provisions of the agreement, claiming they were not in the best interests of the employees.

The Commission had to determine whether the disputed provisions of the agreement met the requirements of section 232 of the Act. The Commission considered whether the provisions provided for the safety and welfare of employees, as well as whether the agreement was made in good faith and without coercion. The Commission also had to consider whether the agreement was consistent with the national employment standards and whether it provided for a fair and reasonable process for resolving disputes between the parties.

After hearing evidence from both parties, the Commission found that the disputed provisions of the agreement were in the best interests of the employees and provided for their safety and welfare. The Commission was satisfied that the agreement was made in good faith and without coercion, and that it was consistent with the national employment standards. The Commission also found that the agreement provided for a fair and reasonable process for resolving disputes between the parties. Accordingly, the Commission approved the agreement.

The Fair Work Commission approved the Inghams Enterprises (Lisarow) Enterprise Agreement 2014, finding that it met the requirements of section 232 of the Fair Work Act 2009. The Commission found that the agreement provided for the safety and welfare of employees, was made in good faith and without coercion, and was consistent with the national employment standards. The Commission also found that the agreement provided for a fair and reasonable process for resolving disputes between the parties. The agreement was therefore approved and will now be binding on the parties.

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