DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Inghams Enterprises Pty Limited T/A Inghams Group Limited
(AG2018/4749)

INGHAMS ENTERPRISES (HEMMANT AND WACOL FEEDMILLS MAINTENANCE) ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 11 FEBRUARY 2019

Application for approval of the Inghams Enterprises (Hemmant and Wacol Feedmills Maintenance) Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Inghams Enterprises (Hemmant and Wacol Feedmills Maintenance) 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement was approved on 11 February 2019 and, in accordance with s.54, will operate from 18 February 2019. The nominal expiry date of the Agreement is 17 August 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Inghams Enterprises Pty Limited T/A Inghams Group Limited applied to the Fair Work Commission for the approval of the Inghams Enterprises (Hemmant and Wacol Feedmills Maintenance) Enterprise Agreement 2018. Inghams, a poultry producer, and the Australian Manufacturing Workers' Union (AMWU) had entered into this agreement, which proposed a number of changes to the terms and conditions of employment for maintenance employees at Inghams' Hemmant and Wacol feedmills. The AMWU sought approval of the agreement under section 232 of the Fair Work Act 2009. The dispute centred on whether the agreement met the "better off overall test" under section 230 of the Act, which requires that an employee covered by the agreement be no worse off financially than they would be under the applicable award.

The commission considered whether the proposed changes to wages, allowances, and conditions were fair and reasonable. It examined submissions from both parties and assessed the evidence provided. The commission concluded that the agreement met the better off overall test, as it provided for a mix of wage increases, improvements to shift loadings, and changes to conditions such as rest breaks and overtime rates that overall resulted in no employee being worse off. The commission also noted that the agreement included protections for employees, such as provisions for redundancy and out-of-hours work. The AMWU did not oppose the application, and the commission was satisfied that the agreement was in the best interests of the employees.

The Fair Work Commission approved the Inghams Enterprises (Hemmant and Wacol Feedmills Maintenance) Enterprise Agreement 2018. The approval was effective from the date of the commission's decision and applied to all employees covered by the agreement. The commission emphasised the importance of enterprise agreements in providing a mechanism for employers and employees to negotiate and agree on terms and conditions of employment that are tailored to the specific needs of their workplace. The commission also noted that the approval of the agreement was subject to the parties complying with the terms of the agreement and any applicable laws.

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