Inghams Enterprises Pty Limited Summary

[2013] FWCA 879

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Inghams Enterprises Pty Limited
(AG2012/13183)

INGHAMS ENTERPRISES (BERRIMA FEEDMILL) ENTERPRISE AGREEMENT 2012

Food, beverages and tobacco manufacturing industry
VICE PRESIDENT LAWLER	SYDNEY, 7 FEBRUARY 2013

Application for approval of the Ingham Enterprises (Berrima Feedmill) Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Inghams Enterprises (Berrima Feedmill) 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 National Union of Workers, New South Wales Branch 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 1 October 2015.

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 Ingham Enterprises (Berrima Feedmill) Enterprise Agreement 2012. The applicants sought to have the agreement approved under the Fair Work Act 2009. The dispute centred on whether the agreement met the statutory requirements for approval, including whether it provided for fair and reasonable terms and conditions of employment. The application was heard by the Commission sitting in Sydney.

The legal issues before the Commission involved determining whether the agreement met the necessary standards for approval, including the requirement for "better off overall" and "no worse off overall" tests. The Commission had to consider whether the agreement's provisions were fair and reasonable, and if it provided for terms and conditions that were at least as good as those provided by the relevant industrial instrument. The applicants argued that the agreement improved working conditions and provided better terms than the existing award, while the respondents raised concerns about certain provisions.

The Commission found that the agreement provided for terms and conditions that were at least as good as those provided by the relevant industrial instrument, and that it met the "no worse off overall" test. The Commission was satisfied that the agreement provided for fair and reasonable terms and conditions of employment, and that it met the statutory requirements for approval. The Commission noted that the agreement provided for a number of improvements to the existing terms and conditions of employment, and that it was in the best interests of the employees.

The Fair Work Commission approved the Ingham Enterprises (Berrima Feedmill) Enterprise Agreement 2012, finding that it met the statutory requirements for approval under the Fair Work Act 2009. The agreement was approved as of the first day of the first calendar month following the date of the Commission's decision. The applicants were granted the relief they sought, and the respondents' concerns were addressed through the Commission's findings and orders.

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