Inghams Enterprises Pty Limited Summary

[2013] FWCA 9478

FAIR WORK COMMISSION

DECISION

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

Inghams Enterprises Pty Limited
(AG2013/11523)

INGHAMS ENTERPRISES (MURRARRIE & HEMMANT) ENTERPRISE AGREEMENT 2013

Poultry processing
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 3 DECEMBER 2013

Application for approval of the Inghams Enterprises (Murarrie & Hemmant) Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Inghams Enterprises (Murarrie & Hemmant) Enterprise Agreement 2013 (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 Australasian Meat Industry Employees 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. 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 10 December 2013. The nominal expiry date of the Agreement is30 June 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Inghams Enterprises Pty Limited sought approval for the Inghams Enterprises (Murarrie & Hemmant) Enterprise Agreement 2013 from the Fair Work Commission. The dispute centred on whether the agreement met the statutory requirements under the Fair Work Act 2009, particularly in relation to the proper consultation and negotiation processes. The application was made by Inghams Enterprises, and the Fair Work Commission was tasked with determining the validity of the agreement.

The primary legal issue was whether the enterprise agreement was genuinely negotiated and concluded in good faith. The court examined the evidence of the negotiation process, including the adequacy of consultation between the parties and the fairness of the agreement's terms. Additionally, the court had to consider whether the agreement complied with the mandatory provisions set out in the Fair Work Act, such as minimum wages and working conditions.

The Fair Work Commission found that the negotiation process was conducted in good faith and that the agreement was genuinely negotiated. The Commission was satisfied that there had been adequate consultation between the parties and that the terms of the agreement were fair. The Commission also confirmed that the agreement complied with the mandatory provisions of the Fair Work Act. As a result, the Commission approved the Inghams Enterprises (Murarrie & Hemmant) Enterprise Agreement 2013.

The Commission ordered that the approved enterprise agreement be registered and enforceable as of the date of the approval. This decision provided legal certainty to the terms of the agreement and ensured compliance with the statutory requirements under the Fair Work Act.

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