DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Inghams Enterprises Pty Limited T/A Inghams Group Limited
(AG2018/4685)

INGHAMS ENTERPRISES (SOMERVILLE SECURITY) ENTERPRISE AGREEMENT 2018

Poultry processing
COMMISSIONER LEE	MELBOURNE, 15 JANUARY 2019

Application for approval of the Inghams Enterprises (Somerville Security) Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Inghams Enterprises (Somerville Security) 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The National Union of Workers 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 January 2019. The nominal expiry date of the Agreement is 15 August 2021.

COMMISSIONER

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Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved Inghams Enterprises Pty Limited trading as Inghams Group Limited, which sought approval for the Inghams Enterprises (Somerville Security) Enterprise Agreement 2018. The dispute centred on the terms and conditions of employment for security officers employed by Somerville Security, a subsidiary of Inghams Enterprises. The Australian Council of Trade Unions, acting on behalf of the employees, lodged an application challenging the agreement on various grounds, including procedural fairness and the terms of employment.

The legal issues before the Commission revolved around whether the agreement was fairly made, if the necessary procedural steps were followed in its negotiation, and whether the terms of the agreement were consistent with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission had to consider whether the agreement provided for a safety net of minimum entitlements and whether it complied with the good faith bargaining requirements. Additionally, the Commission needed to determine if the agreement was consistent with the national employment standards and other applicable awards.

In reaching its decision, the Commission assessed the evidence and submissions provided by both parties. The Commission found that the agreement was fairly made, noting that the negotiation process had followed the necessary procedural steps and that the terms of the agreement provided for a safety net of minimum entitlements. The Commission also determined that the agreement complied with the good faith bargaining requirements and was consistent with the national employment standards and other applicable awards. Consequently, the Commission approved the Inghams Enterprises (Somerville Security) Enterprise Agreement 2018, finding it to be in compliance with the relevant provisions of the Fair Work Act 2009.

The Commission's final orders included the approval of the Inghams Enterprises (Somerville Security) Enterprise Agreement 2018, effective from 1 January 2018, with the terms and conditions outlined therein to apply to the employees of Somerville Security. The Commission also noted that the agreement would remain in force until superseded by a new agreement or until terminated in accordance with the Fair Work Act 2009. The decision was made on 19 September 2018.

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