Inghams Enterprises Pty Limited T/A Inghams Summary

[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

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.

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.

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.

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.

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.

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.

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

Annexure A – Undertakings

CaseChat Overview and Summary

The case involved Inghams Enterprises Pty Limited, trading as Inghams, which sought approval of the Inghams Enterprises (Farms and Hatchery) Enterprise Agreement 2022. The matter was heard in the Fair Work Commission, a tribunal responsible for resolving workplace disputes and overseeing the implementation of Australia's workplace laws. The dispute centred on whether the proposed enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009. The Fair Work Commission was tasked with assessing whether the agreement complied with provisions concerning procedural fairness, employee representation, and the protection of employees' rights and interests.

The central legal issues the Commission had to determine were whether the agreement was genuinely negotiated and if it provided for fair terms and conditions for the employees. Specifically, the Commission examined whether there was evidence of procedural fairness in the negotiation process and if the agreement contained terms that adequately protected the rights and interests of the employees, including provisions for pay rates, hours of work, and other employment conditions. The Commission also considered whether the agreement was free from any unfair terms that could negatively impact the employees' rights.

In delivering its decision, the Commission carefully reviewed the documentation and evidence presented by the parties. It found that the negotiation process was conducted in a manner that ensured procedural fairness, with appropriate representation of the employees and genuine bargaining between the parties. The Commission further concluded that the terms of the agreement were fair and did not unjustifiably disadvantage the employees. The agreement contained provisions that addressed key employment conditions and adequately protected the employees' rights and interests. Based on these findings, the Commission approved the Inghams Enterprises (Farms and Hatchery) Enterprise Agreement 2022.

The Fair Work Commission approved the Inghams Enterprises (Farms and Hatchery) Enterprise Agreement 2022, recognising that the agreement met the necessary statutory requirements and provided fair terms and conditions for the employees. This decision highlights the importance of ensuring procedural fairness in the negotiation process and the need for enterprise agreements to adequately protect employees' rights and interests.

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