DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Inghams Enterprises Pty Limited T/A Inghams Group Limited
(AG2020/2695)

INGHAMS ENTERPRISES (NORTHERN TERRITORY) ENTERPRISE AGREEMENT 2019

Poultry processing
COMMISSIONER WILSON	MELBOURNE, 8 OCTOBER 2020

Application for approval of the Inghams Enterprises (Northern Territory) Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Inghams Enterprises (Northern Territory) Enterprise Agreement 2019 (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] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 October 2020. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Inghams Enterprises Pty Limited, trading as Inghams Group Limited, sought approval for the Inghams Enterprises (Northern Territory) Enterprise Agreement 2019. The matter was heard in the Fair Work Commission, which is responsible for approving enterprise agreements under the Fair Work Act 2009. The application involved employees who were part of the workforce employed by Inghams Enterprises in the Northern Territory.

The legal issues before the Commission were whether the agreement met the requirements for approval under the Fair Work Act, including whether it was made in good faith, the terms and conditions were fair and reasonable, and it adhered to the procedural requirements for such agreements. Additionally, the Commission needed to consider whether the agreement provided for the protection of employees' rights and if it was made without undue coercion or pressure.

The Commission found that the agreement was made in good faith and met the criteria for approval. The terms and conditions were deemed fair and reasonable, considering the specific needs of the workforce and the industry. The procedural requirements were also met, ensuring that the agreement was properly negotiated and presented. The Commission concluded that the agreement provided adequate protection for employees' rights and that there was no evidence of undue coercion or pressure in its creation.

The Commission approved the Inghams Enterprises (Northern Territory) Enterprise Agreement 2019, and the decision was made on the basis that the agreement was fair, reasonable, and in compliance with the statutory requirements. The approval allowed the terms and conditions set out in the agreement to be enforced as a binding contract between Inghams Enterprises and its employees in the Northern Territory.

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