Inghams Enterprises Pty Limited Trading AS Inghams Group Ltd

Case •

[2025] FWCA 2693

•

12 AUGUST 2025
[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

  1. 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).

  1. The Agreement is a single enterprise agreement.

  1. 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

  1. 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.

  1. 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.

  1. 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.

  1. 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.

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

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

COMMISSIONER

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<AE530042  PR790617>

ANNEXURE A

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