Inghams Enterprises Pty Limited Summary

[2013] FWCA 6169

FAIR WORK COMMISSION

DECISION

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

Inghams Enterprises Pty Limited
(AG2013/2138)

INGHAMS ENTERPRISES (SOUTHERN BREEDER FARMS) ENTERPRISE AGREEMENT 2013

Poultry processing
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 27 AUGUST 2013

Application for approval of the Inghams Enterprises (Southern Breeder Farms) Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Inghams Enterprises (Southern Breeder Farms) 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 Australian Workers’ 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 3 September 2013. The nominal expiry date of the Agreement is 31 March 2016.

DEPUTY PRESIDENT

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 (Southern Breeder Farms) Enterprise Agreement 2013. The applicant sought to have the agreement made by the parties approved as a registered agreement under the Fair Work Act 2009. The application was made pursuant to section 231 of the Act. The applicants argued that the agreement contained appropriate terms and conditions of employment and was in compliance with the Act. The application was opposed by the Registered Organisations of Australia, which argued that the agreement did not contain appropriate terms and conditions of employment, as it provided for a pay structure that was not consistent with the enterprise's award. The applicants contended that the agreement did contain appropriate terms and conditions of employment, and that the pay structure was consistent with the award. The Commission found that the agreement did contain appropriate terms and conditions of employment, and was in compliance with the Act. The Commission found that the pay structure was consistent with the award, and that the agreement was therefore an appropriate agreement for approval. The Commission approved the agreement, and it became a registered agreement under the Act.

The final orders of the Commission were that the applicants' application for approval of the agreement be granted and that the agreement be registered as a registered agreement under the Fair Work Act 2009. The Commission also ordered that the agreement be published on the Fair Work Commission's website.

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