Inghams Enterprises Pty Limited T/A Inghams

[2022] FWCA 3218

[2022] FWCA 3218

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Inghams Enterprises Pty Limited T/A Inghams

(AG2022/3339)

Inghams Enterprises (Farms and Hatchery) Enterprise Agreement 2022

Poultry processing
COMMISSIONER HUNT	BRISBANE, 15 SEPTEMBER 2022

Application for approval of the Inghams Enterprises (Farms and Hatchery) Enterprise Agreement 2022

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

1. The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A.  Pursuant to s.190(4) of the Act, I sought the views of the Australian Workers’ Union (AWU). The AWU supports the undertakings given by the Employer.    

1. 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.  Pursuant to s.190 of the Act, I accept the undertakings.  In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

1. I raised with the Employer some better off overall test (BOOT) concerns I held regarding reduced penalty rates for overtime when compared with the Pastoral Award 2020 (the Award).  The Employer provided detailed information demonstrating very minimal overtime worked by employees.  Having regard to the over-award payment for ordinary hours, weekend hours and public holiday hours, I am satisfied that the rates within the Agreement satisfy the BOOT.

1. I have taken into consideration the material filed in the Commission. 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.  The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

1. The AWU 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) of the Act I note that the Agreement covers the AWU.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 September 2022.  The nominal expiry date of the Agreement is 29 July 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

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Annexure A – Undertakings