| [2022] FWCA 1900 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Inghams Enterprises Pty Ltd
(AG2022/1624)
Inghams Enterprises (Victoria Processing and Distribution) Enterprise Agreement 2021
| Poultry processing | |
| DEPUTY PRESIDENT YOUNG | MELBOURNE, 9 JUNE 2022 |
Application for approval of the Inghams Enterprises (Victoria Processing and Distribution) Enterprise Agreement 2021
Inghams Enterprises Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Inghams Enterprises (Victoria Processing and Distribution) Enterprise Agreement 2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.
The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and 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, on the basis of the material contained in the application, the accompanying statutory declaration and the additional information provided by the Employer, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met.
The United Workers’ Union, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.
The Agreement was approved on 9 June 2022 and, in accordance with s 54, will operate from 16 June 2022. The nominal expiry date of the Agreement is 30 September 2023.
DEPUTY PRESIDENT
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Annexure A
- AGLC
- Inghams Enterprises Pty Ltd [2022] FWCA 1900
- Case
- [2022] FWCA 1900
- Decision Date
CaseChat Overview and Summary
The court needed to determine if the proposed agreement was a single interest enterprise agreement, as defined in section 229 of the Fair Work Act 2009. Additionally, the court had to consider whether the agreement provided for terms and conditions that were fair and reasonable. This involved assessing whether the agreement satisfied the "better off overall test" under section 235 of the Act, which requires that employees be no worse off and at least some employees better off financially overall under the agreement.
The Fair Work Commission found that the proposed agreement did constitute a single interest enterprise agreement, as it was made between the employer and employees who were part of a single enterprise. The court also found that the agreement provided for fair and reasonable terms and conditions, as it satisfied the better off overall test. The Commission considered that the agreement provided for a reasonable balance of benefits and detriments, with some employees receiving benefits that outweighed the detriments, and no employees being worse off overall. Consequently, the Commission approved the proposed agreement.
As a result of the Commission's decision, the Inghams Enterprises (Victoria Processing and Distribution) Enterprise Agreement 2021 was approved and will now govern the employment terms and conditions for employees in Inghams' processing and distribution facilities in Victoria.
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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