Inghams Enterprises Pty Limited

Case

[2013] FWCA 876

7 FEBRUARY 2013

No judgment structure available for this case.

[2013] FWCA 876

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Inghams Enterprises Pty Limited
(AG2012/14473)

INGHAMS ENTERPRISES PTY LTD DISTRIBUTION ENTERPRISE AGREEMENT 2012

Poultry processing

VICE PRESIDENT LAWLER

PERTH, 7 FEBRUARY 2013

Application for approval of the Inghams Enterprises Pty Ltd Distribution Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Inghams Enterprises Pty Ltd Distribution Enterprise Agreement 2012 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Inghams Enterprises Pty Limited. 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 as are relevant to this application for approval have been met.

[3] The Agreement does not contain a flexibility terms that complies with the requirements in s. 203 of the Act, and accordingly, pursuant to s.204(4) of the Act I am required to note, and do note, that the model flexibility term is taken to be a term of the Agreement.

[4] The Shop Distributive and Allied Employees Association being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s. 201(2) of the Act I note that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 February 2013. The nominal expiry date of the Agreement is 31 January 2016.

VICE PRESIDENT

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