DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Inghams Enterprises Pty Limited T/A Inghams Group Limited
(AG2021/5774)

APPLICATION FOR APPROVAL OF THE INGHAMS ENTERPRISES (MURARRIE & LYTTON) ENTERPRISE AGREEMENT 2020

Poultry processing
COMMISSIONER SPENCER	BRISBANE, 7 JULY 2021

Application for approval of the Inghams Enterprises (Murarrie & Lytton) Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Inghams Enterprises (Murarrie & Lytton) Enterprise Agreement 2020 (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 (the Applicant). The Agreement is a single enterprise agreement.

[2] Subject to matters that have been addressed by way of undertakings, 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] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to the Agreement.

[4] The Australasian Meat Industry Employees Union (AMIEU) 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 AMIEU.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 July 2021. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER

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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 Enterprises (Murarrie & Lytton) Enterprise Agreement 2020. The application was made under section 234 of the Fair Work Act 2009. The dispute involved the terms of the proposed agreement, which aimed to govern the employment conditions of employees at the Murarrie and Lytton sites. The Commission was tasked with determining whether the agreement met the criteria for approval as set out in the legislation.

The primary legal issues before the Commission were whether the agreement provided for fair and reasonable terms, complied with the procedural requirements, and adhered to the provisions of the Fair Work Act. Key points of contention included the definition of employee categories, the proposed wage adjustments, and the inclusion of certain provisions regarding dispute resolution and employee benefits. The Commission had to assess whether these terms were consistent with the principles of procedural fairness and whether they provided adequate protections for the employees.

The Fair Work Commission carefully examined the provisions of the agreement against the legislative framework. The Commission found that the agreement generally provided for fair and reasonable terms, taking into account the economic context and the needs of the employees. The procedural fairness of the bargaining process was upheld, and the Commission concluded that the agreement did not unfairly disadvantage any party. The proposed wage adjustments and other terms were deemed to be in line with industry standards and the economic climate. As a result, the Commission approved the Inghams Enterprises (Murarrie & Lytton) Enterprise Agreement 2020, subject to its coming into effect on the specified date.

The Commission's final order was that the Inghams Enterprises (Murarrie & Lytton) Enterprise Agreement 2020 be approved and registered under section 182 of the Fair Work Act 2009. The agreement was to be effective from the date specified in the application, provided no further appeals were lodged within the stipulated period. This decision concluded the application process, allowing the terms of the agreement to govern the employment conditions at the Murarrie and Lytton sites moving forward.

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