Inghams Enterprises Pty Limited T/A Inghams Group Limited

[2018] FWCA 3860

[2018] FWCA 3860

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Inghams Enterprises Pty Limited T/A Inghams Group Limited
(AG2018/751)

INGHAMS ENTERPRISES (SORELL) ENTERPRISE AGREEMENT 2017

Poultry processing
COMMISSIONER LEE	MELBOURNE, 28 JUNE 2018

Application for approval of the Inghams Enterprises (Sorell) Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Inghams Enterprises (Sorell) Enterprise Agreement 2017 (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 Group Limited. 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Australian Workers’ Union and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 July 2018. The nominal expiry date of the Agreement is 1 May 2020.

COMMISSIONER

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ANNEXURE A