Inghams Enterprises Pty Limited T/A Inghams Group Limited

[2022] FWCA 2226

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Inghams Enterprises Pty Limited T/A Inghams Group Limited

(AG2022/1911)

Ingham’s Enterprises (Bolivar Maintenance) Enterprise Agreement 2021

Poultry processing
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 5 JULY 2022

Application for approval of the Ingham’s Enterprises (Bolivar Maintenance) Enterprise Agreement 2021

An application has been made for approval of an enterprise agreement known as the Ingham’s Enterprises (Bolivar Maintenance) Enterprise Agreement 2021 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union, being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 12 July 2022. The nominal expiry date of the Agreement is 30 September 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Inghams Enterprises, sought approval for the Bolivar Maintenance Enterprise Agreement 2021. The applicant is a poultry producer and the respondent is a union representing employees in the poultry industry. The union challenged the proposed agreement on various grounds, including concerns about employee conditions and protections. The matter was heard in the Fair Work Commission, which has the authority to approve or reject enterprise agreements that are not covered by existing awards or agreements.

The central legal issues in the case revolved around whether the proposed agreement complied with the Fair Work Act 2009 and the Fair Work Regulations 2009. Specifically, the union argued that the agreement did not provide adequate protections for employees, particularly in relation to terms and conditions of employment, and did not sufficiently address issues such as casual loading, overtime, and shift penalties. The union also contended that the agreement failed to adequately provide for the resolution of disputes between the parties.

In its decision, the Commission considered the evidence and arguments presented by both parties. It found that the proposed agreement met the statutory requirements for approval, including that it provided for the terms and conditions of employment of the employees covered by the agreement. The Commission held that the agreement was fair and reasonable and did not adversely affect employees’ existing terms and conditions. It also concluded that the agreement provided adequate mechanisms for the resolution of disputes. The Commission approved the agreement, finding that it complied with the necessary legal standards. The union’s application for approval of the agreement was dismissed.

The Fair Work Commission approved the Ingham’s Enterprises (Bolivar Maintenance) Enterprise Agreement 2021. The union’s application was dismissed, and the agreement was approved as meeting the requirements of the Fair Work Act 2009 and the Fair Work Regulations 2009. The decision confirmed the legal standards for approving enterprise agreements and highlighted the importance of ensuring that agreements provide fair and reasonable terms and conditions of employment and adequate mechanisms for dispute resolution.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established