Inghams Enterprises Pty Limited T/A Inghams

[2022] FWCA 3317

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Inghams Enterprises Pty Limited T/A Inghams

(AG2022/3420)

Inghams Enterprises (Hemmant and Wacol Feedmills Maintenance) Enterprise Agreement 2022

Manufacturing and associated industries
COMMISSIONER SIMPSON	BRISBANE, 23 SEPTEMBER 2022

Application for approval of the Inghams Enterprises (Hemmant and Wacol Feedmills Maintenance) Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Inghams Enterprises (Hemmant and Wacol Feedmills Maintenance) 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 Limited T/A Inghams (the Applicant). The Agreement is a single enterprise agreement.

The Applicant 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

The Australian Workers’ Union (AWU) lodged a Form F18 statutory declaration supporting approval of the Agreement and giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note that the Agreement covers the AWU.

The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

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, which was titled the Inghams Enterprises (Hemmant and Wacol Feedmills Maintenance) Enterprise Agreement 2022. The Fair Work Commission was the forum in which the application for approval was made. The primary concern was whether the agreement complied with the statutory requirements under the Fair Work Act 2009, particularly in terms of being a genuine enterprise agreement and meeting the specific criteria for approval.

The central legal issue was whether the agreement contained all the mandated terms and conditions of employment as required by section 234 of the Fair Work Act 2009. The court also needed to ascertain whether the agreement had been made genuinely and whether there was adequate consultation and negotiation between the parties involved. Additionally, the court examined if the agreement satisfied the criteria for being a single, indivisible agreement.

The Fair Work Commission found that the agreement was indeed a genuine enterprise agreement, meeting all the necessary statutory requirements. The Commission confirmed that the agreement was made following adequate consultation and negotiation. It also met the criteria of being a single, indivisible agreement, as it was comprehensive and covered all mandatory terms and conditions of employment. Consequently, the application for approval was successful.

The Fair Work Commission approved the Inghams Enterprises (Hemmant and Wacol Feedmills Maintenance) Enterprise Agreement 2022. This decision ensures that the agreement is legally binding and enforceable under the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established