Inghams Enterprises Pty Limited T/A Inghams

[2023] FWCA 1615

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Inghams Enterprises Pty Limited T/A Inghams

(AG2023/1458)

INGHAMS ENTERPRISES (LISAROW MAINTENANCE) ENTERPRISE AGREEMENT 2022

Poultry processing
DEPUTY PRESIDENT WRIGHT	SYDNEY, 2 JUNE 2023

Application for approval of the Inghams Enterprises (Lisarow Maintenance) Enterprise Agreement 2022

Introduction

Inghams Enterprises Pty Limited T/A Inghams (the Employer) has made an application for approval of an enterprise agreement known as the Inghams Enterprises (Lisarow Maintenance) Enterprise Agreement 2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

Section 190 Undertakings

The employer 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.

Section 186, 187, 188 and 190

Subject to the undertakings 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.

Section 183 Bargaining Representatives

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), being bargaining representatives for the Agreement, 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 AMWU and the CEPU.

Approval

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 June 2023. The nominal expiry date of the Agreement is 30 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Inghams Enterprises, applied to the Fair Work Commission for approval of the Inghams Enterprises (Lisarow Maintenance) Enterprise Agreement 2022. The application was made under the Fair Work Act 2009, which mandates the Commission's involvement in approving such agreements if they are to be protected from legal challenges. The primary dispute centered around the terms and conditions of employment within the Lisarow Maintenance department of Inghams Enterprises, and whether these terms complied with the statutory requirements for enterprise agreements.

The legal issues that the Commission was required to address included whether the agreement was fairly negotiated, if it contained the necessary provisions to be considered a low-risk agreement, and whether it complied with the requirements for being a simplified low-risk work agreement. The Commission also needed to consider whether the agreement adequately protected employees' rights and interests, and if it provided for appropriate dispute resolution mechanisms. Furthermore, the Commission had to ensure that the agreement did not undermine the protections provided by the Fair Work Act.

The Fair Work Commission approved the application, finding that the agreement was fairly negotiated and met all the statutory requirements for approval. The Commission noted that the agreement contained provisions for a dispute resolution process, provided for reasonable terms and conditions of employment, and did not undermine the protections provided by the Fair Work Act. The Commission was satisfied that the agreement was a simplified low-risk work agreement, as it did not include any terms that would otherwise require higher-level negotiations. The Commission found that the agreement was beneficial to both parties and would promote harmonious, productive and cooperative workplace relations.

The Fair Work Commission approved the Inghams Enterprises (Lisarow Maintenance) Enterprise Agreement 2022, thereby providing legal protection from legal challenges. The Commission found that the agreement was fairly negotiated, met all statutory requirements, and promoted harmonious, productive, and cooperative workplace relations. The agreement was deemed to be a simplified low-risk work agreement, and the Commission was satisfied that it provided appropriate protections for employees and did not undermine the protections provided by the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established