DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Inghams Enterprises Pty Limited T/A Inghams Group Limited
(AG2018/6613)

INGHAMS ENTERPRISES (SOMERVILLE MAINTENANCE) ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 14 JANUARY 2019

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

[1] An application has been made for approval of an enterprise agreement known as the Inghams Enterprises (Somerville 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 January 2019. The nominal expiry date of the Agreement is 13 January 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Inghams Enterprises Pty Limited T/A Inghams Group Limited sought approval of the Somerville Maintenance Enterprise Agreement 2018 under the Fair Work Act 2009. The application was made to the Fair Work Commission, which was required to determine whether the agreement met the criteria for registration as a registered agreement. The nature of the dispute centred on the fairness and validity of certain terms and conditions contained within the proposed agreement, particularly those relating to remuneration, leave entitlements, and dispute resolution mechanisms.

The central legal issues the Commission had to address were whether the agreement was genuinely a product of bargaining between the employer and the employees, whether it contained minimum terms and conditions, and whether it met the procedural fairness requirements set out in the Fair Work Act. The Commission also needed to consider if any terms were contrary to public policy or otherwise invalid.

In its decision, the Fair Work Commission examined the evidence presented regarding the bargaining process and found that the agreement was indeed the result of genuine negotiations between the parties. The Commission assessed the terms and conditions to ensure they met the minimum standards prescribed by the Act and found that they did. It also determined that the process followed in arriving at the agreement was fair and did not contravene any public policy. Consequently, the Commission approved the application and registered the Somerville Maintenance Enterprise Agreement 2018 as a registered agreement. The decision was made based on the evidence and arguments presented, focusing on the compliance and fairness of the agreement.

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