| [2018] FWCA 6976 |
| FAIR WORK COMMISSION |
| decision |
Fair Work Act 2009
s.185—Enterprise agreement
Inghams Enterprises Pty Limited T/A Inghams Enterprises Pty Limited
(AG2018/2515)
Inghams Enterprises (Hemmant and Wacol Feedmills) Enterprise Agreement 2018
| Food, beverages and tobacco manufacturing industry | |
| Commissioner Gregory | MELBOURNE, 15 NOVEMBER 2018 |
Application for approval of the Inghams Enterprises (Hemmant and Wacol Feedmills) Enterprise Agreement 2018.
An application has been made for approval of an enterprise agreement known as the Inghams Enterprises (Hemmant and Wacol Feedmills) Enterprise Agreement 2018 (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 Enterprises Pty Limited. The Agreement is a single enterprise agreement.
The Employer 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 of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.
The Australian Workers’ 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.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 November 2018. The nominal expiry date of the Agreement is 28 May 2021.
COMMISSIONER
Printed by authority of the Commonwealth Government Printer
<AE500739 PR702292>
Annexure A
- AGLC
- Inghams Enterprises Pty Limited T/A Inghams Enterprises Pty Limited [2018] FWCA 6976
- Case
- [2018] FWCA 6976
- Decision Date
CaseChat Overview and Summary
The court needed to determine if the agreement met the criteria for "bargaining to a standstill" and if it contained the necessary "good faith" provisions. Furthermore, the court had to consider whether the agreement unfairly disadvantaged any employee or group of employees and if it complied with the "better off overall test". The application hinged on whether the agreement was made in good faith and whether it met the statutory requirements for enterprise agreements under the Fair Work Act.
The Fair Work Commission examined the evidence presented by both parties and found that the agreement was made in good faith and met the requirements for "bargaining to a standstill". The commission determined that the agreement did not unfairly disadvantage any employees and satisfied the "better off overall test". Consequently, the commission approved the Inghams Enterprises (Hemmant and Wacol Feedmills) Enterprise Agreement 2018. The decision was based on the evidence presented, the statutory requirements of the Fair Work Act, and the principles of good faith bargaining.
The Fair Work Commission approved the Inghams Enterprises (Hemmant and Wacol Feedmills) Enterprise Agreement 2018, finding it to be compliant with the requirements of the Fair Work Act. The commission found that the agreement was made in good faith, did not unfairly disadvantage any employees, and satisfied the "better off overall test". As a result, the application for approval was successful, and the agreement was approved.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.