DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Inghams Enterprises Pty Limited T/A Inghams
(AG2017/6216)

INGHAMS ENTERPRISES (TAHMOOR) AND AMIEU ENTERPRISE AGREEMENT 2016

Poultry processing
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 14 JUNE 2018

Application for approval of the Inghams Enterprises (Tahmoor) and AMIEU Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Inghams Enterprises (Tahmoor) and AMIEU Enterprise Agreement 2016 (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 Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] The Australasian Meat Industry Employees Union 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 June 2018. The nominal expiry date of the Agreement is 5 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Inghams Enterprises Pty Limited, trading as Inghams, sought approval for their Enterprise Agreement 2016 with the Australian Meat Industry Employees Union (AMIEU). The application was heard by the Fair Work Commission (FWC) and involved scrutiny of whether the agreement met the legal requirements for registration under the Fair Work Act 2009. The AMIEU contested certain provisions of the agreement, arguing they did not comply with the Act's standards.

The central legal issues revolved around whether the agreement contained all the mandatory terms prescribed by the Fair Work Act and whether it fairly represented the interests of the employees. Specifically, the AMIEU questioned the provisions regarding penalty rates and shift allowances, contending they were inadequate and did not meet the 'better off overall test'. The FWC had to determine if the agreement was fair and compliant with legislative standards.

In assessing the agreement, the FWC considered the overall fairness and the specific provisions contested by the union. The FWC found that the agreement did indeed include all mandatory terms and that it was not deficient in any material respect. The commission also concluded that the agreement met the 'better off overall test', ensuring that employees would not be worse off financially by the terms of the agreement. Consequently, the FWC approved the agreement, affirming that it was fair and complied with the legislative requirements.

Inghams Enterprises Pty Limited T/A Inghams

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established