DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Inghams Enterprises Pty Limited T/A Inghams Group Limited
(AG2017/808)

INGHAMS ENTERPRISES (NORTHERN TERRITORY) ENTERPRISE AGREEMENT 2017

Poultry processing
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 21 APRIL 2017

Application for approval of the Inghams Enterprises (Northern Territory) Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Inghams Enterprises (Northern Territory) 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 21 April 2017 and, in accordance with s.54, will operate from 28 April 2017. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

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 (Northern Territory) Enterprise Agreement 2017. The application was made under the Fair Work Act 2009. The dispute centred around whether the proposed enterprise agreement met the requirements for approval, including compliance with the relevant statutory provisions and whether it provided for the fair and reasonable terms and conditions for the employees covered by the agreement.

The primary legal issues before the court were whether the agreement contained all the mandated terms, if it adhered to the procedural requirements for enterprise agreements, and if it provided for fair and reasonable terms and conditions of employment. The court also considered whether any specific provisions in the agreement were unfair or unreasonable, particularly in light of the bargaining positions of the parties and the public interest.

The court examined the agreement in detail, considering the submissions from both parties and the statutory requirements for enterprise agreements. It found that the agreement did contain all the mandated terms and complied with the procedural requirements. The court also concluded that the terms and conditions provided for in the agreement were fair and reasonable, taking into account the bargaining positions of the parties and the public interest. As such, the court approved the Inghams Enterprises (Northern Territory) Enterprise Agreement 2017.

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