Inghams Enterprises Pty Limited

[2023] FWCA 813

[2023] FWCA 813

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Inghams Enterprises Pty Limited

(AG2022/5447)

Inghams Enterprises (Prestons) AMIEU & UWU Enterprise Agreement 2022

Poultry processing
DEPUTY PRESIDENT EASTON	SYDNEY, 16 MARCH 2023

Application for approval of the Inghams Enterprises (Prestons) AMIEU & UWU Enterprise Agreement 2022.

1. Inghams Enterprises Pty Limited (the Employer) has made an application for the approval of the Inghams Enterprises (Prestons) AMIEU & UWU Enterprise Agreement 2022 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

1. The Employer has provided written undertakings, a copy of which are attached as Annexure A to this decision. The undertakings can be accepted under s.190 of the Act because I am satisfied that they will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement pursuant to s.191 of the Act.

1. Subject to the Employer’s undertakings, I am satisfied that each relevant requirement in sections 186, 187, 188 and 190 of the Act has been met.

1. The undertaking addresses a scenario whereby casual employees might not be better off overall if they work on a public holiday. The issue arises because the public holiday loadings for casuals under the Agreement are lower than the loadings under the Award, even though the casual hourly rates under the Agreement (which include a 21% casual loading) are higher than the casual rates under the Award (which include a 25% loading on a lower base rate).

1. If a casual employee is only engaged to work a single day, being the public holiday, they are not better off overall without the benefit of the employer’s undertaking. By the terms of the undertaking the revised loading of 202% adequately overcomes the differential between the amount payable under the Agreement compared to the amount payable under the Award.

1. If a casual employee works on a public holiday in addition to other days worked in the same pay period, depending on the number of hours worked on other days, a casual may or may not be better off overall. The ordinary casual hourly rates in the Agreement are higher than the ordinary casual hourly rates in the Award and therefore on other days of the week casuals are better off under the Agreement on those other days. By the employer’s calculation, which I accept, no adjustment to the casual rate for the public holiday is required if the casual employ works 6 or more hours on other days in the same pay period because the higher benefits on the other days overcome the shortfall on the public holiday.

1. I note that Clause 2.2.6 – Termination of Employment is potentially inconsistent with the National Employment Standards (NES). Noting the undertaking provided by the Employer, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The Australasian Meat Industry Employees Union (AMIEU) and United Workers’ Union (UWU) were bargaining representatives for the Agreement and have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the AMIEU and UWU.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 March 2023. The nominal expiry date of the Agreement is 5 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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Annexure A