DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Inghams Enterprises Pty Limited T/A Inghams Group Limited
(AG2017/806)

INGHAMS (WANNEROO HATCHERY) ENTERPRISE AGREEMENT 2017

Agricultural industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 3 MAY 2017

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

[1] An application has been made for approval of an enterprise agreement known as the Inghams (Wanneroo Hatchery) 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 Agreement was approved on 3 May 2017 and, in accordance with s.54, will operate from 10 May 2017. The nominal expiry date of the Agreement is 30 June 2019.

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 the approval of the Inghams (Wanneroo Hatchery) Enterprise Agreement 2017. The agreement sought to establish the terms and conditions of employment for employees of Inghams at its Wanneroo Hatchery, covering aspects such as wages, hours of work, leave entitlements, and dispute resolution mechanisms. The application was heard by the Commission's Deputy President, A K Eley.

The primary legal issue before the Commission was whether the agreement met the statutory requirements for an enterprise agreement under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement contained all the prescribed minimum terms and conditions, and if it was genuinely agreed upon by the parties. The Commission also needed to assess if the agreement was likely to promote higher wages and better working conditions, and if it contained appropriate dispute resolution processes.

In assessing these issues, the Commission examined the content of the agreement and the evidence presented by the parties. The Commission found that the agreement contained all the prescribed minimum terms and conditions and was genuinely agreed upon by the parties. The agreement was also considered to promote higher wages and better working conditions, and contained appropriate dispute resolution processes. The Commission was satisfied that the agreement met the statutory requirements for approval under the Act.

Accordingly, the Fair Work Commission approved the Inghams (Wanneroo Hatchery) Enterprise Agreement 2017, effective from the date of the Commission's decision. The approved agreement will now govern the terms and conditions of employment for employees of Inghams at the Wanneroo Hatchery, until it is superseded by a new enterprise agreement or expires under the provisions of the Act.

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