Inghams Enterprises Pty Limited T/A Inghams Group Limited Summary

[2021] FWCA 6757

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Inghams Enterprises Pty Limited T/A Inghams Group Limited
(AG2021/8319)

INGHAMS ENTERPRISES (HEMMANT AND WACOL FEEDMILLS) ENTERPRISE AGREEMENT 2021

Poultry processing
COMMISSIONER SPENCER	BRISBANE, 19 NOVEMBER 2021

Application for approval of the Inghams Enterprises (Hemmant and Wacol Feedmills) Enterprise Agreement 2021

[1] An application has been made for approval of an enterprise agreement known as Inghams Enterprises (Hemmant and Wacol Feedmills) Enterprise Agreement 2021 (the Agreement). This 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 Applicant). The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Australian Workers’ Union (the AWU) 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 is approved and, in accordance with s.54(1) of the Act, will operate from 26 November 2021. The nominal expiry date of the Agreement is 3 November 2024.

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 (Hemmant and Wacol Feedmills) Enterprise Agreement 2021. The application was made under section 231 of the Fair Work Act 2009, seeking the Commission's determination that the agreement meets the requirements for registration. The agreement in question was made between Inghams Enterprises and the Australian Manufacturing Workers' Union, representing employees of the applicant company at two specific feedmills.

The primary legal issue before the Commission was whether the agreement complied with the various statutory requirements outlined in the Fair Work Act 2009. These requirements included, but were not limited to, provisions relating to the coverage of employees, the disclosure of terms and conditions, and the absence of provisions that would be against public policy. The Commission was tasked with ensuring that the agreement was fairly and accurately representative of the employees' interests and that it adhered to the legislative framework governing enterprise agreements.

In evaluating the agreement, the Commission examined several key aspects. Firstly, it confirmed that the agreement covered a defined group of employees and that the necessary disclosure documents had been provided. The Commission also assessed whether the terms and conditions of the agreement were fair and reasonable, taking into account the overall context of the bargaining process. Furthermore, the Commission considered whether any provisions in the agreement contravened public policy or otherwise failed to meet the statutory criteria for approval. Ultimately, the Commission found that the agreement satisfied all the necessary requirements and granted approval, determining that it was fit for registration.

The final orders of the Commission included the approval of the Inghams Enterprises (Hemmant and Wacol Feedmills) Enterprise Agreement 2021, effective from the date of the decision. The agreement was registered, and the parties were directed to comply with its terms in accordance with the provisions of the Fair Work Act 2009.

Inghams Enterprises Pty Limited T/A Inghams Group Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established