Inghams Enterprises Pty Limited T/A Inghams

[2024] FWCA 462

[2024] FWCA 462

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Inghams Enterprises Pty Limited T/A Inghams

(AG2024/14)

INGHAMS ENTERPRISES (VICTORIA PROCESSING AND DISTRIBUTION) ENTERPRISE AGREEMENT 2023

Poultry processing
COMMISSIONER TRAN	MELBOURNE, 2 FEBRUARY 2024

Application for approval of the Inghams Enterprises (Victoria Processing and Distribution) Enterprise Agreement 2023

1. Inghams Enterprises Pty Limited T/A Inghams has applied for approval of an enterprise agreement known as the Inghams Enterprises (Victoria Processing and Distribution) Enterprise Agreement 2023 (the Agreement) under s 185 of the Fair Work Act 2009 (the Act).

1. The Agreement is a single enterprise agreement.

1. The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

1. I note that the following clauses may be inconsistent with the National Employment Standards:

-     Clause 2.5.2 – Notice of termination by employee as it may restrict entitlements to NES payments; and

-     Clauses 5.8(2) – Compassionate Leave does not contain all the grounds available for compassionate leave under s 104.

1. As the Agreement contains a National Employment Standards precedence clause as an undertaking as referenced above, I am satisfied that the more beneficial entitlements of the NES will prevail.

1. Subject to the undertakings and other matters referred to above, 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.

1. The United Workers’ Union 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) I note that the Agreement covers the organisation.

1. The Agreement is approved and, in accordance with s 54 of the Act, will operate from 9 February 2024.

1. In accordance with Clause 1.4, the nominal expiry date of the Agreement is 30 September 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

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Annexure A