Inghams Enterprises Pty Limited

[2013] FWCA 3431

FAIR WORK COMMISSION

DECISION

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

Inghams Enterprises Pty Limited
(AG2013/6418)

INGHAMS ENTERPRISES OSBORNE PARK & HAZELMERE ENTERPRISE AGREEMENT 2013

Poultry processing
COMMISSIONER MCKENNA	SYDNEY, 29 MAY 2013

Application for approval of the Inghams Enterprises Osborne Park & Hazelmere Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Inghams Enterprises Osborne Park & Hazelmere Enterprise Agreement 2013 (“the Agreement”). The application has been made by Inghams Enterprises Pty Limited (“the applicant”) 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 ss.186, 187 and 188 of the Act relevant to this application for approval has been met. The applicant has provided written undertakings addressing miscellaneous matters. A copy of the undertakings is attached to this decision and marked “Annexure A”. I note that, under s.191 of the Act, the undertakings are taken to be terms of the Agreement. Further, as the Agreement contains a non-compliant consultation clause, the model consultation term is taken to be a term of the Agreement.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (“AMWU”) and the National Union of Workers (“NUW”) concur with the content of the undertakings. The AMWU and NUW 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 organisations.

[4] 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 is 12 January 2016.

COMMISSIONER

Annexure A

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 Osborne Park & Hazelmere Enterprise Agreement 2013. The application was opposed by the Retail and Fast Food Workers Union of Victoria (RFFWUUVA). The dispute centred on whether the agreement met the requirements for approval under the Fair Work Act 2009, particularly in relation to the provision of pay rates, conditions, and the scope of the agreement.

The legal issues that the court was required to decide included whether the agreement contained genuine terms and conditions of employment, whether it complied with the process for making an enterprise agreement, and whether it provided for fair and reasonable terms and conditions. The court also had to consider whether the agreement met the ‘better off overall test’ and whether it complied with the ‘good faith’ requirement under the Fair Work Act.

The Fair Work Commission found that the agreement met the statutory requirements for approval. The court held that the agreement contained genuine terms and conditions of employment, was made in accordance with the process for making an enterprise agreement, and provided for fair and reasonable terms and conditions. The court also found that the agreement met the ‘better off overall test’ and complied with the ‘good faith’ requirement under the Fair Work Act. The opposition to the agreement was dismissed, and the application for approval was granted.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established