Inghams Enterprises Pty Limited Summary

[2013] FWCA 871

FAIR WORK COMMISSION

DECISION

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

Inghams Enterprises Pty Limited
(AG2012/13100)

INGHAMS ENTERPRISES (TAHMOOR) AND AMIEU ENTERPRISE AGREEMENT 2012

Poultry processing
VICE PRESIDENT WATSON	SYDNEY, 7 FEBRUARY 2013

Application for approval of the lnghams Enterprises (Tahmoor) and AMIEU Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the lnghams Enterprises (Tahmoor) and AMIEU Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Inghams Enterprises Pty Limited.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Australasian Meat Industry Employees Union has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2), I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54(1)(a), will operate from 14 February 2013. The nominal expiry date of the Agreement is 5 June 2016.

VICE PRESIDENT WATSON

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Inghams Enterprises Pty Limited applied to the Fair Work Commission for the approval of the Inghams Enterprises (Tahmoor) and AMIEU Enterprise Agreement 2012. The Australian Meat Industry Employees Union (AMIEU) and Inghams Enterprises, an employer in the meat processing industry, were the parties involved in the dispute. The AMIEU sought to have the agreement approved, arguing that it fairly represented the working conditions and rights of the employees at the Tahmoor facility.

The central legal issue before the Commission was whether the agreement complied with the provisions of the Fair Work Act 2009, particularly concerning the fairness and reasonableness of the terms and conditions set out in the agreement. The AMIEU argued that the agreement was fair and reasonable, while Inghams Enterprises contested certain provisions, contending they were either not fair or not reasonable. The Commission needed to assess the agreement's compliance with statutory requirements, including ensuring that it did not undermine the minimum rights guaranteed under the Fair Work Act.

The Fair Work Commission, after reviewing the terms and conditions of the agreement, determined that while the majority of the provisions were fair and reasonable, certain aspects did not meet the statutory standards. Specifically, the Commission found that some provisions concerning shift patterns and penalty rates did not adequately protect the employees' rest periods and remuneration. Consequently, the Commission exercised its power under the Fair Work Act to modify these provisions to ensure they aligned with the statutory minimum standards. Following these modifications, the Commission approved the amended agreement, finding it to be fair and reasonable overall.

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