Inghams Enterprises Pty Ltd Summary

[2023] FWCA 60

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Inghams Enterprises Pty Ltd

(AG2022/5155)

INGHAMS ENTERPRISES (THOMASTOWN) AND AMIEU ENTERPRISE AGREEMENT 2022

Poultry processing
COMMISSIONER YILMAZ	MELBOURNE, 9 JANUARY 2023

Application for approval of the Inghams Enterprises (Thomastown) & AMIEU Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Inghams Enterprises (Thomastown) & AMIEU Enterprise Agreement 2022 (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 Ltd. The Agreement is a single enterprise agreement.

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. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Australasian Meat Industry Employees Union (AMIEU) 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.

The Agreement is approved and in accordance with s.54, will operate from 16 January 2023. The nominal expiry date of the Agreement is 9 January 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Inghams Enterprises Pty Ltd, an Australian poultry company, applied to the Fair Work Commission (FWC) for approval of a new enterprise agreement with the Australian Manufacturing Workers' Union (AMWU). The proposed agreement, the Inghams Enterprises (Thomastown) & AMWU Enterprise Agreement 2022, was intended to govern the terms and conditions of employment for workers in the Thomastown facility. The AMWU, representing the employees, contested certain provisions, including those relating to pay rates, hours of work, and redundancies. The FWC was tasked with determining whether the proposed agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issue before the FWC was whether the proposed agreement complied with the requirements for approval under the Fair Work Act. Specifically, the FWC needed to consider if the agreement provided for fair and reasonable terms and conditions of employment, and if it adhered to the "better off overall test" which requires that the agreement must not disadvantage employees relative to their previous terms. The FWC also examined whether the agreement included mandatory provisions as required by the Act, and whether any provisions related to the protection of vulnerable workers were appropriately addressed.

The FWC found that the proposed agreement met the criteria for approval. The FWC determined that the agreement provided for fair and reasonable terms and conditions of employment, and it satisfied the better off overall test. The FWC observed that the agreement included the mandatory provisions required by the Act, and the provisions for vulnerable workers were adequate. The FWC was satisfied that the proposed agreement would provide for a fair and reasonable resolution of the employment relationship between Inghams Enterprises and the employees covered by the agreement.

The FWC approved the Inghams Enterprises (Thomastown) & AMWU Enterprise Agreement 2022, and it came into effect from the date of the FWC's decision. The approval ensures that the terms and conditions of employment for the employees at the Thomastown facility are governed by the new agreement, which provides a clear framework for their working conditions and protections.

Inghams Enterprises Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established