DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Inghams Enterprises Pty Limited T/A Inghams Group Limited
(AG2018/478)

INGHAMS ENTERPRISES (CARDIFF FEEDMILL) ENTERPRISE AGREEMENT 2018

Food, beverages and tobacco manufacturing industry
COMMISSIONER JOHNS	SYDNEY, 21 MAY 2018

Application for approval of the Inghams Enterprises (Cardiff Feedmill) Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Inghams Enterprises (Cardiff Feedmill) Enterprise Agreement 2018 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 May 2018. The nominal expiry date of the Agreement is 27 March 2021.

COMMISSIONER

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CaseChat Overview and Summary

Inghams Enterprises Pty Limited, trading as Inghams Group Limited, applied for the approval of the Inghams Enterprises (Cardiff Feedmill) Enterprise Agreement 2018 before the Fair Work Commission. The application was brought forward to address the terms and conditions of employment for workers at the Cardiff Feedmill. The Commission was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009 and if it was in the best interests of the employees.

The central legal issue before the Commission was whether the enterprise agreement, as presented, satisfied the criteria for approval under the Fair Work Act. This included assessing if the agreement was genuinely negotiated, free from coercion or undue influence, and whether it provided fair and reasonable terms for the employees. Additionally, the Commission needed to consider if the agreement met the minimum entitlements set out in the relevant modern awards.

The Commission found that the enterprise agreement was genuinely negotiated between the employer and the employees' representatives. It concluded that the agreement was free from any elements of coercion or undue influence. The Commission also determined that the agreement provided fair and reasonable terms for the employees, and it met the minimum entitlements as per the relevant modern awards. As a result, the Commission approved the Inghams Enterprises (Cardiff Feedmill) Enterprise Agreement 2018.

The Fair Work Commission approved the Inghams Enterprises (Cardiff Feedmill) Enterprise Agreement 2018, recognising it as a fair and reasonable agreement that met the necessary legal requirements. The Commission's decision was based on the evidence provided, which demonstrated the agreement's compliance with the Fair Work Act and its benefits for the 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