Inghams Enterprises Pty Limited T/A Inghams Summary

[2024] FWCA 439

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Inghams Enterprises Pty Limited T/A Inghams

(AG2023/3986)

INGHAMS ENTERPRISES (SOUTH AUSTRALIA PROCESSING AND DISTRIBUTION) ENTERPRISE AGREEMENT 2023

Poultry processing
DEPUTY PRESIDENT DOBSON	SYDNEY, 31 JANUARY 2024

Application for approval of the Inghams Enterprises (South Australia Processing and Distribution) Enterprise Agreement 2023.

Inghams Enterprises Pty Limited T/A Inghams (the Employer) has made an application for the approval of the Inghams Enterprises (South Australia Processing and Distribution) Enterprise Agreement 2023 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

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.

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.

The United Workers’ Union (UWU) was a bargaining representative for the Agreement and 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 UWU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 February 2024. The nominal expiry date of the Agreement is 1 May 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Inghams Enterprises Pty Limited, trading as Inghams, sought approval of their Enterprise Agreement 2023 from the Fair Work Commission. The agreement pertains to workers in South Australia involved in processing and distribution activities. The union representing the workers contested certain aspects of the agreement, prompting the need for a legal determination.

The primary legal issue revolved around whether the agreement met the requirements of Australian labour law, particularly sections 231 and 232 of the Fair Work Act 2009. These sections mandate that enterprise agreements be in writing, free from prohibited content, and meet the 'better off overall test' (BOOT). The union argued that certain provisions of the agreement did not satisfy the BOOT, as they believed the workers would be worse off financially and in terms of working conditions.

The Fair Work Commission found that the agreement complied with the legislative requirements. The Commission considered the economic and non-economic benefits and detriments of the agreement, concluding that the workers would indeed be better off overall. The Commission was satisfied that the provisions challenged by the union did not undermine the agreement's overall fairness. The Commission approved the agreement, finding it met all necessary legal criteria.

The Fair Work Commission approved the Inghams Enterprises (South Australia Processing and Distribution) Enterprise Agreement 2023. The union's objections were dismissed, and the agreement was authorised to come into effect. The decision underscored the Commission's role in ensuring that enterprise agreements balance the interests of employers and employees, adhering to statutory standards.

Inghams Enterprises Pty Limited T/A Inghams

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established