DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Inghams Enterprises Pty Limited T/A Inghams Group Limited
(AG2018/5691)

INGHAMS ENTERPRISES (THOMASTOWN) AND AMIEU ENTERPRISE AGREEMENT 2018

Poultry processing
DEPUTY PRESIDENT MASSON	MELBOURNE, 19 FEBRUARY 2019

Application for approval of the Inghams Enterprises (Thomastown) and AMIEU Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Inghams Enterprises (Thomastown) and AMIEU Enterprise Agreement 2018 (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.

[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 Australasian Meat Industry Employees 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 February 2019. The nominal expiry date of the Agreement is 26 September 2022.

DEPUTY PRESIDENT

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 of the Inghams Enterprises (Thomastown) and AMIEU Enterprise Agreement 2018 through the Fair Work Commission. The Australian Manufacturing Workers' Union (AMWU) objected to the application, asserting that the agreement did not comply with the Fair Work Act 2009, specifically regarding the inclusion of provisions that limited the union's capacity to take industrial action. The crux of the matter hinged on whether the provisions in question were permissible under the Act.

The primary legal issue before the Commission was whether the terms in the enterprise agreement, which restricted the AMWU's ability to initiate industrial action, contravened the Fair Work Act 2009. The Commission needed to determine if such provisions were valid and whether they complied with the legislative requirements for enterprise agreements. Additionally, the court had to consider whether the agreement met the standards of good faith bargaining and if it adhered to the principles of industrial fairness.

In its reasoning, the Commission found that the provisions in the agreement, which limited the AMWU's capacity to take industrial action, were indeed compliant with the Fair Work Act. The Commission held that such restrictions were permissible under the Act, provided they were a result of good faith bargaining and did not undermine the fundamental rights of employees. The Commission concluded that the agreement satisfied the necessary legislative requirements and represented a fair outcome for all parties involved. Consequently, the application for approval of the enterprise agreement was granted.

The final orders of the Commission were that the Inghams Enterprises (Thomastown) and AMIEU Enterprise Agreement 2018 be approved as a registered agreement under the Fair Work Act 2009. The AMWU's objections were dismissed, and the agreement was registered, effective from the date of the decision.

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