DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Inghams Enterprises Pty Limited T/A Inghams Group Limited
(AG2017/6346)

INGHAMS ENTERPRISES (INGLEBURN) AND AMIEU ENTERPRISE AGREEMENT 2016

Poultry processing
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 14 JUNE 2018

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

[1] An application has been made for approval of an enterprise agreement known as the Inghams Enterprises (Ingleburn) 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 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] 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 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Inghams Enterprises Pty Limited, trading as Inghams Group Limited, sought approval of the Inghams Enterprises (Ingleburn) and AMIEU Enterprise Agreement 2016 from the Fair Work Commission. The application was brought before the commission, which was required to determine whether the agreement met the necessary legal standards for approval.

The primary legal issue the commission needed to resolve was whether the agreement was in compliance with the requirements set out in the Fair Work Act 2009. This involved examining the agreement to ensure it addressed the mandatory bargaining subjects, was free from prohibited content, and met the procedural requirements for approval. A critical aspect of the inquiry was to verify that the agreement provided fair and reasonable terms for both the employer and the employees, and that it had been negotiated in good faith.

The commission meticulously reviewed the agreement, confirming that it covered all mandatory subjects and did not contain any prohibited content. The commission also found that the agreement had been negotiated in good faith and provided fair and reasonable terms for both parties. Given the comprehensive compliance of the agreement with all legal requirements, the commission approved the Inghams Enterprises (Ingleburn) and AMIEU Enterprise Agreement 2016. This approval allows the agreement to take effect, providing a legally binding framework for the employment relationship between Inghams Enterprises and the employees covered by the agreement.

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