Inghams Enterprises Pty Limited Trading AS Inghams Group Ltd

[2025] FWCA 2693

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Inghams Enterprises Pty Limited Trading AS Inghams Group Ltd

(AG2025/2363)

INGHAMS ENTERPRISES (EDINBURGH PARKS) ENTERPRISE AGREEMENT 2025

Poultry processing
COMMISSIONER TRAN	MELBOURNE, 12 AUGUST 2025

Application for approval of the Inghams Enterprises (Edinburgh Parks) Enterprise Agreement 2025

Inghams Group Ltd (ABN: 20 008 447 345) has applied for approval of an enterprise agreement known as the Inghams Enterprises (Edinburgh Parks) Enterprise Agreement 2025 under s 185 of the Fair Work Act 2009 (Cth).

The Agreement is a single enterprise agreement.

I observe that the following clauses are likely to be inconsistent with the National Employment Standards:
· Clause 6.2 – Maximum weekly hours
· Clause 7.7(3) – Public holiday substitution

Clause 1.5 of the Agreement gives precedence to the NES, and I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Employer has provided written undertakings. 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

The United Workers’ Union (UWU) lodged a Form F18 statutory declaration giving 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 the Agreement covers the UWU.

The Agreement is approved and, in accordance with s 54 of the Act, will operate from 19 August 2025.

In accordance with clause 1.4, the nominal expiry date of the Agreement is 31 March 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Inghams Enterprises Pty Limited, trading as Inghams Group Ltd, sought the approval of the Fair Work Commission for the Inghams Enterprises (Edinburgh Parks) Enterprise Agreement 2025. This agreement was intended to govern the terms and conditions of employment for a specified group of employees. The application was brought to the Commission due to the standard process for approving enterprise agreements, ensuring that they meet the necessary legal standards and do not unfairly disadvantage employees.

The legal issues the court had to address were primarily centred around whether the proposed agreement complied with the requirements of the Fair Work Act 2009. This included ensuring that the agreement was made in good faith, did not unfairly discriminate, and met the coverage and procedural requirements. The court had to carefully review the agreement to ascertain if it adhered to these statutory provisions and whether it was consistent with the broader objectives of the Fair Work Act.

Upon examining the application, the Commission found that the proposed agreement was in accordance with the necessary legislative requirements. The agreement was deemed to have been made in good faith, without any discriminatory elements, and met the procedural criteria set out in the Act. Therefore, the Commission approved the Inghams Enterprises (Edinburgh Parks) Enterprise Agreement 2025, allowing it to be registered and enforced as intended. The court's decision was grounded on the thorough compliance of the agreement with the statutory framework, ensuring the rights and protections of the employees were upheld.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established