Inghams Enterprises Pty Limited

[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

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 Pty Ltd Distribution Enterprise Agreement 2012. The application arose from a dispute between the company and certain employees represented by the Transport Workers Union of Australia. The primary issue before the Commission was whether the proposed enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009. This included examining whether the agreement was appropriately certified by an independent third party and if it complied with the procedural and substantive fairness provisions.

The Commission carefully reviewed the certification process, confirming that the agreement was indeed certified by an independent certifier. It then examined the content of the agreement to ensure it adhered to the mandatory procedural fairness requirements, such as providing adequate notice and opportunity for employees to review and discuss the agreement. Additionally, the Commission assessed whether the agreement satisfied the substantive fairness test, which includes ensuring that it does not unfairly disadvantage any party. The Commission found that the agreement met both procedural and substantive fairness standards and did not contain any provisions that would render it unjust.

Consequently, the Commission approved the Inghams Enterprises Pty Ltd Distribution Enterprise Agreement 2012, acknowledging that it was certified correctly and complied with the requirements of the Fair Work Act. The approval was based on the comprehensive review of the agreement's certification, procedural fairness, and substantive fairness. The Commission's decision was definitive, providing clarity and legal certainty for both the parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established