DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Inghams Enterprises Pty Limited T/A Inghams Group Limited
(AG2017/1168)

INGHAMS (WANNEROO FEEDMILL) ENTERPRISE AGREEMENT 2017

Food, beverages and tobacco manufacturing industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 17 MAY 2017

Application for approval of the Inghams (Wanneroo Feedmill) Enterprise Agreement 2017.

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

[4] The National Union of Workers 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 was approved on 17 May 2017 and, in accordance with s.54, will operate from 24 May 2017. The nominal expiry date of the Agreement is 30 June 2020.

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 for the Inghams (Wanneroo Feedmill) Enterprise Agreement 2017 from the Fair Work Commission. The application was made under the Fair Work Act 2009, which mandates that an enterprise agreement must be approved by the Commission to be legally binding. The dispute centred on the fairness and compliance of the proposed agreement, which outlined the terms and conditions of employment for employees at the Wanneroo Feedmill.

The primary legal issues that the Commission had to address were whether the agreement was genuinely negotiated, contained no mandatory bargaining provisions, and was fair and reasonable. The Commission also needed to determine if the agreement was free from prohibited content and if it met the disclosure requirements. Additionally, the Commission had to assess whether the agreement provided for the proper protection of employees' rights and interests, including provisions for redundancy and the right to be free from discrimination.

The Fair Work Commission found that the agreement was genuinely negotiated between the employer and the employees' representatives. The Commission determined that the agreement did not contain any provisions that were prohibited by the Fair Work Act, nor did it include any unfair terms. The agreement was found to be reasonable in all respects, providing for fair and adequate protections for the employees. The Commission approved the agreement, highlighting that it met all the statutory requirements and was in the best interests of the employees.

The Fair Work Commission approved the Inghams (Wanneroo Feedmill) Enterprise Agreement 2017, confirming that it complied with all necessary legal standards and was fair and reasonable. The approval meant that the agreement would now be legally binding, setting out the terms and conditions of employment for the employees at the Wanneroo Feedmill.

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