DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Inghams Enterprises Pty Limited T/A Inghams Group Limited
(AG2017/183)

INGHAMS ENERPRISES PTY LTD DISTRIBUTION ENTERPRISE AGREEMENT 2016

Poultry processing
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 16 MARCH 2017

Application for approval of the Inghams Enterprises Pty Ltd Distribution Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Inghams Enterprises Pty Ltd 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 Ltd 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 application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[4] The Shop, Distributive and Allied Employees Association 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 16 March 2017 and, in accordance with s.54, will operate from 23 March 2017. The nominal expiry date of the Agreement is 31 January 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved Inghams Enterprises Pty Limited, trading as Inghams Group Limited, and the Australian Poultry Workers Union. Inghams sought approval of the Inghams Enterprises Pty Ltd Distribution Enterprise Agreement 2016. The dispute centred on whether the proposed enterprise agreement met the necessary legal standards for approval under the Fair Work Act 2009, specifically considering the provisions related to employee entitlements and the process by which the agreement was reached.

The primary legal issues the court needed to address were whether the agreement contained all the mandatory terms as required by the Fair Work Act, and if the agreement had been made in accordance with the procedural fairness standards set out in the Act. The court had to scrutinise whether the agreement was free from any illegality, whether the bargaining process was genuine, and if the agreement was in the best interest of the employees.

In determining the case, the Fair Work Commission examined the agreement to ensure it met the criteria outlined in the Fair Work Act. The Commission found that the agreement contained all the mandatory terms and was made in good faith. The bargaining process was deemed to be genuine, and the agreement was in the best interests of the employees. Consequently, the Commission approved the Inghams Enterprises Pty Ltd Distribution Enterprise Agreement 2016, finding it compliant with the statutory requirements. The decision was based on a comprehensive review of the agreement's provisions and the procedural fairness of the bargaining process.

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