Inghams Enterprises Pty Limited

[2013] FWCA 8463

FAIR WORK COMMISSION

DECISION

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

Inghams Enterprises Pty Limited
(AG2013/9861)

INGHAMS ENTERPRISES (EDINBURGH PARKS) ENTERPRISE AGREEMENT 2013

Poultry processing
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 28 OCTOBER 2013

Application for approval of the Inghams Enterprises (Edinburgh Parks) Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Inghams Enterprises (Edinburgh Parks) 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 Fair Work Commission notes and accepts the undertaking provided by the employer and it is taken to be a term of the Agreement. A copy of the undertaking is attached to this decision as Annexure A

[4] The National Union of Workers, 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.

[5] The Agreement is approved. In accordance with s.54(1) it will operate from 5 November 2013. The nominal expiry date of the Agreement is 1 April 2016.

DEPUTY PRESIDENT

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Inghams Enterprises Pty Limited applied for approval of the Inghams Enterprises (Edinburgh Parks) Enterprise Agreement 2013. The application was heard in the Fair Work Commission by Deputy President D'Mello. The matter arose from a dispute between Inghams Enterprises Pty Limited, an employer in the poultry processing industry, and the Australian Poultry Workers Union, a trade union representing employees in the industry. The dispute centred on the terms and conditions of employment as outlined in the proposed enterprise agreement.

The legal issues the court was required to decide included whether the proposed enterprise agreement complied with the relevant legislative framework, specifically the Fair Work Act 2009. This involved assessing the agreement's provisions for minimum terms and conditions, as well as whether the agreement had been made in good faith and without coercion. The court also needed to consider whether the agreement provided for a fair and efficient workplace, and whether it met the requirements for registration under the Act.

In reaching its decision, the court examined the evidence and submissions from both parties. The court found that the proposed agreement contained terms and conditions that met the minimum standards set out in the Fair Work Act 2009. The court also concluded that the agreement had been made in good faith and without coercion, and that it provided for a fair and efficient workplace. Accordingly, the court approved the application for the registration of the Inghams Enterprises (Edinburgh Parks) Enterprise Agreement 2013. The decision was made in light of the need to balance the interests of both employers and employees, and to promote harmonious industrial relations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established