DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Inghams Enterprises Pty Limited T/A Inghams Group Limited
(AG2017/805)

INGHAMS (WANNEROO BROILER FARM) ENTERPRISE AGREEMENT 2017

Agricultural industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 18 APRIL 2017

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

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

[4] The Agreement was approved on 18 April 2017 and, in accordance with s.54, will operate from 25 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 T/A Inghams Group Limited applied to the Fair Work Commission for the approval of the Inghams (Wanneroo Broiler Farm) Enterprise Agreement 2017. The application was opposed by the Australian Workers’ Union. The dispute arose from negotiations over wages, conditions, and the terms of employment at Inghams' Wanneroo Broiler Farm. The Fair Work Commission was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement fairly reflected the terms and conditions of employment and adhered to the procedural and substantive requirements set forth in the Fair Work Act. The Commission examined whether the agreement was genuinely negotiated, contained appropriate safeguards for employees, and was in the best interests of the employees. It also assessed if the agreement adequately addressed the rights and obligations of both parties.

The Fair Work Commission found that the agreement was genuinely negotiated and contained appropriate safeguards for the employees. The Commission considered that the agreement was in the best interests of the employees and complied with the procedural and substantive requirements of the Fair Work Act. The Commission approved the Inghams (Wanneroo Broiler Farm) Enterprise Agreement 2017, highlighting the importance of maintaining fair and equitable terms in the workplace.

No further orders were made.

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