DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Inghams Enterprises Pty Limited T/A Inghams Group Limited
(AG2017/462)

INGHAMS ENTERPRISES (VICTORIA PROCESSING AND DISTRIBUTION) ENTERPRISE AGREEMENT 2016

Poultry processing
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 4 MAY 2017

Application for approval of the Inghams Enterprises (Victoria Processing and Distribution) Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Inghams Enterprises (Victoria Processing and Distribution) Enterprise Agreement 2016 (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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The Agreement was approved on 4 May 2017 and, in accordance with s.54, will operate from 11 May 2017. The nominal expiry date of the Agreement is 30 September 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, applied to the Fair Work Commission for approval of the Inghams Enterprises (Victoria Processing and Distribution) Enterprise Agreement 2016. The application was made under section 230 of the Fair Work Act 2009. The Fair Work Commission is tasked with assessing whether the enterprise agreement meets the requirements of the Act, including being free from prohibited content and meeting the ‘better off overall’ test.

The legal issues before the Commission involved determining whether the agreement was made in good faith, whether it contained any prohibited content, and whether it satisfied the ‘better off overall’ test. The Commission examined the bargaining process to ensure it was conducted in good faith and considered the provisions of the agreement to ensure they did not include any prohibited content. Additionally, the Commission had to assess if employees would be better off overall with the agreement compared to the applicable award or safety net.

The Commission found that the agreement was made in good faith and did not contain any prohibited content. It further determined that the agreement met the ‘better off overall’ test, as employees would benefit from the terms and conditions set out in the agreement. The Commission approved the application and the enterprise agreement was registered.

The Fair Work Commission approved the application and registered the Inghams Enterprises (Victoria Processing and Distribution) Enterprise Agreement 2016. The decision was made on the basis that the agreement was free from prohibited content, was made in good faith, and met the ‘better off overall’ test. The approval ensures that the terms and conditions of employment for the employees covered by the agreement are governed by the provisions of the agreement rather than the applicable award or safety net.

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