DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Inghams Enterprises Pty Limited T/A Inghams Group Limited
(AG2017/5012)

INGHAMS ENTERPRISES (OSBORNE PARK PROCESSING PLANT AND WANNEROO SITE) MAINTENANCE ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
DEPUTY PRESIDENT KOVACIC	CANBERRA, 20 NOVEMBER 2017

Application for approval of the Inghams Enterprises (Osborne Park Processing Plant and Wanneroo Site) Maintenance Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Inghams Enterprises (Osborne Park Processing Plant and Wanneroo Site) Maintenance 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] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Inghams Enterprises Pty Limited T/A Inghams Group Limited. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia; and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being a 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 these organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 November 2017. The nominal expiry date of the Agreement is 14 July 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Inghams Enterprises Pty Limited T/A Inghams Group Limited applied to the Fair Work Commission for approval of the Inghams Enterprises (Osborne Park Processing Plant and Wanneroo Site) Maintenance Enterprise Agreement 2017. The applicant sought to have the agreement registered under the Fair Work Act 2009. The application was made on behalf of the employer, Inghams Enterprises, and was opposed by the Australian Manufacturing Workers’ Union and the Australian Workers’ Union. The opposition was based on concerns regarding the terms of the agreement, particularly those concerning pay rates and conditions.

The central legal issue before the Commission was whether the terms of the proposed agreement met the criteria for approval under the Fair Work Act. This required consideration of whether the agreement promoted high wages and high levels of job security, whether it facilitated productivity and economic growth, and whether it provided for the timely, fair and effective resolution of workplace disputes. Additionally, the Commission had to determine if the agreement was consistent with the Fair Work (Registered Organisations) Act 2009 and other relevant legislation.

The Commission found that the proposed agreement satisfied the criteria for approval. The agreement included terms that promoted high wages and job security, and provided for the fair and effective resolution of workplace disputes. The Commission was satisfied that the agreement facilitated productivity and economic growth. It also found that the agreement was consistent with the relevant legislation. Consequently, the Commission approved the application for registration of the agreement. This decision was based on the overall balance of the agreement’s provisions and their alignment with the objectives of the Fair Work Act.

The Fair Work Commission approved the application and registered the Inghams Enterprises (Osborne Park Processing Plant and Wanneroo Site) Maintenance Enterprise Agreement 2017. This decision was made on the basis that the agreement met the statutory criteria for approval, including promoting high wages and job security, facilitating productivity and economic growth, and providing for the fair and effective resolution of workplace disputes. The agreement was also found to be consistent with the Fair Work (Registered Organisations) Act 2009 and other relevant legislation.

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