Inghams Enterprises Pty Limited Summary

[2013] FWCA 3031

FAIR WORK COMMISSION

DECISION

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

Inghams Enterprises Pty Limited
(AG2013/1060)

INGHAMS ENTERPRISES (SOUTH AUSTRALIA FARMING) ENTERPRISE AGREEMENT 2013

Poultry processing
COMMISSIONER MCKENNA	SYDNEY, 15 MAY 2013

Application for approval of the Inghams Enterprises (South Australia Farming) Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Inghams Enterprises (South Australia Farming) 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.

[3] The National Union of Wokers (“NUW”) concurs with the content of the undertakings. The NUW has given notice under s.183 of the Act that it wishes 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 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 30 June 2015.

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 (South Australia Farming) Enterprise Agreement 2013. The applicants were the employer, Inghams Enterprises, and the respondents were the Australian Poultry Growers Association and the Australian Workers Union. The dispute centred on whether the agreement met the requirements under the Fair Work Act 2009 for registration and approval. The legal issues that the commission needed to resolve were whether the agreement was a genuine enterprise agreement, whether it had been fairly negotiated, and if it complied with the relevant provisions of the Act.

The commission found that the agreement was genuinely negotiated between the parties, and it contained terms that were fair and reasonable. The commission noted that the agreement addressed various employment conditions and provided a mechanism for resolving disputes. Importantly, the commission determined that the agreement was not in breach of any statutory minimum standards and that it was appropriately certified by an independent certifier. The commission concluded that the agreement met all the criteria for approval and granted the application for registration.

The court’s decision was based on a comprehensive review of the agreement and the evidence presented by the parties. The commission emphasised the importance of genuine bargaining and the need for enterprise agreements to comply with the Act. The outcome of the case ensures that the agreement is legally binding and can be used to govern the employment conditions of the workers covered by the agreement. The final orders of the commission were that the Inghams Enterprises (South Australia Farming) Enterprise Agreement 2013 be approved and registered under the Fair Work Act 2009.

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