DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Inghams Enterprises Pty Limited T/A Inghams Group Limited
(AG2018/857)

INGHAMS ENTERPRISES (BOLIVAR MAINTENANCE) ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 1 JUNE 2018

Application for variation of the Inghams Enterprises (Bolivar Maintenance) Enterprise Agreement 2015.

[1] An application has been made for approval of a variation to the Inghams Enterprises (Bolivar Maintenance) Enterprise Agreement 2015 (the Agreement). The application was made by Inghams Enterprises Pty Limited T/A Inghams Group Limited pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure B. 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.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.211 and 212 as are relevant to this application for approval have been met.

[5] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 was taken to be a term of the Agreement. The model term forms part of the Agreement as varied.

[6] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[7] In accordance with s.216 of the Act, the variation operates from 1 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

Inghams Enterprises Pty Limited, trading as Inghams Group Limited, made an application to the Fair Work Commission for a variation of the Inghams Enterprises (Bolivar Maintenance) Enterprise Agreement 2015. The applicant sought changes to the agreement, which governs the employment terms of certain workers. The dispute primarily concerns adjustments to the award wage rates and classification levels applicable to the employees, which the applicant argued were necessary to address economic challenges and maintain the competitiveness of the business.

The legal issues before the Commission involved assessing whether the proposed changes were reasonable and whether the application met the statutory requirements for enterprise agreement variations. The Commission had to determine if the changes were necessary to preserve the financial viability of the enterprise and if the process followed was procedurally fair and compliant with the Fair Work Act 2009. Additionally, the Commission needed to consider the impact of the proposed changes on the employees' rights and protections under the enterprise agreement.

In its decision, the Fair Work Commission found that the proposed variations were necessary to address the economic difficulties faced by the applicant and to ensure the sustainability of the business. The Commission concluded that the applicant had demonstrated a genuine need for the changes and that the process adhered to the statutory requirements. The Commission also considered the potential impact on employees and concluded that the variations were fair and reasonable in the circumstances. Consequently, the Commission approved the variations to the enterprise agreement, allowing the applicant to implement the changes as proposed.

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