Inghams Enterprises Pty Limited T/A Inghams Group Limited

[2020] FWCA 3008

[2020] FWCA 3008

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Inghams Enterprises Pty Limited T/A Inghams Group Limited
(AG2020/1354)

INGHAMS ENTERPRISES (SOUTH AUSTRALIA PROCESSING AND DISTRIBUTION) ENTERPRISE AGREEMENT 2020

Poultry processing
COMMISSIONER PLATT	ADELAIDE, 10 JUNE 2020

Application for approval of the Inghams Enterprises (South Australia Processing and Distribution) Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Inghams Enterprises (South Australia Processing and Distribution) Enterprise Agreement 2020 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Inghams Enterprises Pty Limited T/A Inghams Group Limited (the Applicant). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 22 May 2020.

[3] On 26 May 2020, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including through the provision of an undertaking.

[4] On 9 June 2020, I conducted a Hearing to finally determine the application. The Applicant submitted an undertaking during the Hearing in the required form dated 9 June 2020. The undertaking deals with the following topics:

•  The nominal expiry date is 1 May 2023.

•  For the purposes of the additional week of annual leave, a shiftworker is a 7 day shiftworker who is regularly rostered to work on Sundays and public holidays.

•  Clause 7.7.10(g) will not operate in a manner inconsistent with ss.324 and 326 of the Act.

•  In relation to clauses 4.2(3)(a) and (b), an employee’s entitlement to paid annual leave and paid personal/carer’s leave accrues progressively during a year of service according to the employee’s ordinary hours of work.

•  In relation to clause 4.4.1, notice of termination will not apply to an employee employed for a specific period of time, task or specified season, an employee who is terminated for serious misconduct, a casual employee and an employee (other than an apprentice) to whom a training arrangement applies and whose employment is for a specified period.

•  Clause 4.7.3 will not operate in a manner inconsistent with s.524 of the Act.

•  In relation to clause 4.10, an employee who is absent from work for 3 consecutive working days without notifying the Applicant shall be assumed to have abandoned their employment. If within a further period of 7 days the employee has not satisfied the Applicant that there was a reasonable excuse for the absence, then the employee is deemed to have terminated their employment. This clause will operate subject to the notice of termination provisions in the National Employment Standards (NES).

•  In relation to clause 7.4, full time employees will be entitled to 10 days of paid personal/carer’s leave, with part time employees entitlement being on a pro rata basis.

•  In relation to clause 7.7(7), if an employee is rostered to work and does not work, they will be required to provide evidence that would satisfy a reasonable person of the absence.

•  In relation to clause 7.7(8), an employee and the Applicant may agree to substitute one or more of the days in clause 7.7(1) and the substituted day will be regarded as a public holiday.

•  In relation to clause 7.9(1), an employee must notify the Applicant of the reason for their absence and the expected duration of the absence and such notification may be at a time after the absence has started.

•  An employee, other than a casual, who attends jury service is entitled to be paid up to 10 days per each jury service summons.

•  In relation to clause 6.2 (Shift Work), employees engaged and paid at the following classifications will not be required to work a roster that finishes after 6.00pm and at or before 7.00pm; clause 5.1(1) Grade 2, clause 5.1(2) Grade 1, clause 5.1(3) Grade 1, Grade 2a and Grade 2b.

•  The Applicant has inserted a NES precedence clause.

[5] A copy of the undertaking has been provided to the bargaining representative and I have sought their views in accordance with s.190(4) of the Act. The bargaining representative supported the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.
[7] The United Workers’ Union, 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) of the Act I note that the Agreement covers this organisation.

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

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 1 May 2023.

COMMISSIONER

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