Inghams Enterprises Pty Ltd

Case

[2022] FWCA 4065

21 NOVEMBER 2022


[2022] FWCA 4065

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Inghams Enterprises Pty Ltd

(AG2022/4535)

INGHAMS ENTERPRISES (VICTORIA BREEDER FARMS) ENTERPRISE AGREEMENT 2022

Poultry processing

DEPUTY PRESIDENT BELL

MELBOURNE, 21 NOVEMBER 2022

Application for approval of the INGHAMS ENTERPRISES (VICTORIA BREEDER FARMS) ENTERPRISE AGREEMENT 2022.

  1. An application has been made for approval of an enterprise agreement known as the INGHAMS ENTERPRISES (VICTORIA BREEDER FARMS) ENTERPRISE AGREEMENT 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Employer, Inghams Enterprises Pty Ltd. The Agreement is a single enterprise agreement.

  1. Having regard to the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer. However, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

  1. The Australian Workers’ Union (AWU), 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.

  1. The Agreement was approved on 21 November 2022 and, in accordance with s.54 of the Act, will operate from 28 November 2022. The nominal expiry date of the Agreement is 1 October 2024.


DEPUTY PRESIDENT

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