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

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Inghams Enterprises Pty Limited, trading as Inghams Group Limited, applied for approval of the Inghams Enterprises (Sorell) Enterprise Agreement 2017. The applicant sought this approval in the Fair Work Commission (FWC), which would allow the agreement to be registered and enforceable. The dispute arose from negotiations between the applicant and its employees, represented by the Australian Manufacturing Workers Union (AMWU), regarding the terms and conditions of employment for workers at the Sorell site.

The primary legal issue before the FWC was whether the terms of the proposed agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the FWC needed to consider whether the agreement provided for minimum rates of pay, penalty rates, and other conditions that met or exceeded the relevant award or registered agreement. Additionally, the FWC had to determine if the agreement was made in good faith and if it included appropriate dispute resolution procedures.

The FWC examined the evidence and submissions from both parties. The applicant demonstrated that the proposed agreement met the minimum standards set by the relevant award and provided for adequate rates of pay and conditions of employment. The FWC noted that the agreement included provisions for dispute resolution and appeared to be made in good faith. After considering all submissions and evidence, the FWC found that the proposed agreement complied with the statutory requirements. Consequently, the FWC approved the agreement and ordered its registration.

The FWC's approval of the Inghams Enterprises (Sorell) Enterprise Agreement 2017 ensures that the terms and conditions of employment for workers at the Sorell site are legally binding. The agreement will now be registered, providing certainty and stability for both the applicant and its employees.

Inghams Enterprises Pty Limited T/A Inghams Group Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established