DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Inghams Enterprises Pty Limited T/A Inghams Group Limited
(AG2017/1170)

INGHAMS ENTERPRISE BREEDER FARMS (WA) ENTERPRISE AGREEMENT 2017

Agricultural industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 29 MAY 2017

Application for approval of the Inghams Enterprise Breeder Farms (WA) Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Inghams Enterprise Breeder Farms (WA) 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] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Agreement was approved on 29 May 2017 and, in accordance with s.54, will operate from 5 June 2017. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

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CaseChat Overview and Summary

Inghams Enterprises Pty Limited, trading as Inghams Group Limited, was the applicant in this matter before the Fair Work Commission. The case involved the application for the approval of the Inghams Enterprise Breeder Farms (WA) Enterprise Agreement 2017. The primary dispute centred on whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The court needed to determine whether the agreement had been made in the ordinary course of the employers' business, whether it provided for the terms and conditions of the employees' employment, and whether it included provisions that were fair and reasonable. Additionally, the court had to consider if the agreement complied with the procedural requirements for making and approving enterprise agreements, including whether it had been appropriately negotiated and if there was sufficient employee consultation.

The court examined the negotiation process and found that the agreement had been made in good faith and involved sufficient consultation with the employees. It was determined that the agreement was made in the ordinary course of the employer's business and contained terms and conditions of employment that were fair and reasonable. The court also confirmed that the procedural requirements for making and approving the enterprise agreement had been met, including the necessary certification process. As a result, the court approved the Inghams Enterprise Breeder Farms (WA) Enterprise Agreement 2017.

In summary, the court granted approval for the enterprise agreement, finding that it met all necessary legal criteria and procedural requirements. This decision was based on the evidence presented regarding the negotiation process, the terms of the agreement, and compliance with the Fair Work Act 2009.

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