Inghams Enterprises Pty Limited

[2023] FWCA 546

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

Inghams Enterprises Pty Limited, a poultry producer, applied for approval of the Inghams Enterprises Pty Limited WA Distribution Enterprise Agreement 2022 under section 186 of the Fair Work Act 2009. The application was brought before the Fair Work Commission. The applicants were Inghams Enterprises and the Poultry Workers Union, while the respondents included the Retail and Fast Food Workers Union and the National Transport Workers Union.

The central legal issue before the Commission was whether the proposed enterprise agreement complied with the good faith bargaining requirements of section 180 of the Fair Work Act. Specifically, the Commission needed to determine whether the applicants had bargained in good faith with the respondent unions during the negotiation of the agreement. This involved assessing whether the applicants had provided the unions with relevant information, had engaged in meaningful discussions, and had acted in a manner that could reasonably be considered as good faith.

The Fair Work Commission concluded that the applicants had indeed engaged in good faith bargaining with the unions. The evidence presented demonstrated that the applicants had provided the unions with all necessary information, had engaged in meaningful discussions, and had acted in a manner consistent with good faith. The Commission was satisfied that the applicants had fulfilled their obligations under the Act. Consequently, the Commission approved the Inghams Enterprises Pty Limited WA Distribution Enterprise Agreement 2022, as it met the 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