Inghams Enterprises Pty Limited

[2023] FWCA 585

The attached document replaces the document previously issued with the above code on 22 February 2023.

The MNC in the Header of Page 1 was incorrectly written as “[2023] FWCA 546”. This has been corrected to reflect the correct MNC.

Associate to Deputy President Dean

Dated 23 February 2023

[2023] FWCA 585

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Inghams Enterprises Pty Limited

(AG2023/182)

Inghams Enterprises Pty Limited WA Distribution Enterprise Agreement 2022

Poultry processing
DEPUTY PRESIDENT DEAN	CANBERRA, 22 FEBRUARY 2023

Application for approval of the Inghams Enterprises Pty Limited WA Distribution Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Inghams Enterprises Pty Limited WA Distribution Enterprise Agreement 2022 (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 Ltd. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

The Shop, Distributive & Allied Employees Association, being bargaining representatives 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) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 March 2023. The nominal expiry date of the Agreement is 31 January 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission was tasked with approving the Inghams Enterprises Pty Limited WA Distribution Enterprise Agreement 2022. The application for approval was filed by Inghams Enterprises Pty Limited, and the nature of the dispute centred on the terms and conditions outlined in the proposed enterprise agreement. The Commission had to determine whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement complied with the procedural and substantive requirements set out in the Fair Work Act. Procedurally, the Commission had to consider whether the agreement was made in good faith and whether appropriate steps were taken to ensure genuine agreement. Substantively, the Commission had to examine if the agreement provided for fair and reasonable terms and conditions, including pay and conditions, and whether it included appropriate dispute resolution processes.

The Commission found that the agreement was made in good faith and that appropriate steps had been taken to ensure genuine agreement. It concluded that the agreement provided for fair and reasonable terms and conditions, including appropriate pay and conditions, and included adequate dispute resolution processes. Consequently, the Commission approved the Inghams Enterprises Pty Limited WA Distribution Enterprise Agreement 2022, finding that it met all statutory requirements for approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established