Inghams Enterprises Pty Limited Trading AS Inghams Group Ltd

Case [2025] FWCA 1819
[2025] FWCA 1819

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Inghams Enterprises Pty Limited Trading AS Inghams Group Ltd

(AG2025/1289)

INGHAMS ENTERPRISES (BOLIVAR MAINTENANCE) ENTERPRISE AGREEMENT 2024

Poultry processing

DEPUTY PRESIDENT SAUNDERS

NEWCASTLE, 29 MAY 2025

Application for approval of the Inghams Enterprises (Bolivar Maintenance) Enterprise Agreement 2024.

  1. An application has been made for approval of an enterprise agreement known as the Inghams Enterprises (Bolivar Maintenance) Enterprise Agreement 2024 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

  1. The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

  1. The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

  1. Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

  1. Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

  1. The Agreement is approved and, in accordance with section 54 of the Act, will operate from 5 June 2025. The nominal expiry date of the Agreement is 30 September 2027.

  1. The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being a bargaining representative for the Agreement, has given notice to the Fair Work Commission that it wants the Agreement to cover it. In accordance with s 201(2) of the Act, I note that the Agreement covers the AMWU.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE529210  PR787766>

Details
AGLC
Inghams Enterprises Pty Limited Trading AS Inghams Group Ltd [2025] FWCA 1819
Case
[2025] FWCA 1819
Decision Date

CaseChat Overview and Summary

Inghams Enterprises Pty Limited, trading as Inghams Group Ltd, applied to the Fair Work Commission for the approval of the Inghams Enterprises (Bolivar Maintenance) Enterprise Agreement 2024. The agreement aimed to regulate the terms and conditions of employment for certain employees within the Bolivar Maintenance division of Inghams. The application was brought before the Fair Work Commission, which was tasked with determining whether the agreement met the necessary legal standards for approval.

The central legal issues before the Commission involved whether the agreement was made in accordance with the requirements of the Fair Work Act 2009 and whether it complied with the procedural fairness and good faith bargaining provisions. The Commission needed to assess whether the agreement was fairly negotiated and if it met the criteria for coverage, including the extent to which it provided for the terms and conditions of employment of the relevant employees. Furthermore, the Commission considered whether the agreement included all the mandated terms and conditions as stipulated by the Fair Work Act.

In its decision, the Commission found that the agreement was appropriately negotiated and met the necessary standards for approval. The Commission confirmed that the agreement adhered to the requirements of the Fair Work Act and was made in good faith. The coverage of the agreement was deemed appropriate, and it was found to include all mandated terms and conditions. Consequently, the Commission approved the Inghams Enterprises (Bolivar Maintenance) Enterprise Agreement 2024.

The Fair Work Commission approved the Inghams Enterprises (Bolivar Maintenance) Enterprise Agreement 2024, recognising it as compliant with the Fair Work Act and meeting the necessary legal standards. This decision ensures that the agreement will govern the terms and conditions of employment for the employees within the Bolivar Maintenance division of Inghams Enterprises.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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