DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Inghams Enterprises Pty Ltd
(AG2018/5722)

INGHAMS ENTERPRISES (TASMANIA FARMING) ENTERPRISE AGREEMENT 2018

Poultry processing
COMMISSIONER LEE	MELBOURNE, 3 MAY 2019

Application for approval of the Inghams Enterprises (Tasmania Farming) Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Inghams Enterprises (Tasmania Farming) Enterprise Agreement 2018 (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.

[2] 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.

[3] Subject to the undertakings referred to above, 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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 March 2019. The nominal expiry date of the Agreement is 27 September 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Inghams Enterprises Pty Ltd sought approval for an enterprise agreement, the Inghams Enterprises (Tasmania Farming) Enterprise Agreement 2018, under the Fair Work Act 2009. The application was made in the Fair Work Commission. The dispute centred on whether the agreement met the requirements of the Act, specifically whether it was a simple, single-employer agreement, as claimed, or if it involved multiple employers, which would require a different process for approval.

The court was required to determine if the agreement was genuinely an enterprise agreement and whether it complied with the procedural requirements outlined in the Fair Work Act. Key issues included whether the agreement was proposed by an employer and whether it was in writing and had been made by the employer to the employees covered by it. The court also had to consider whether the agreement contained certain prescribed terms and whether it complied with the requirements for direct agreements.

The Fair Work Commission found that the agreement was indeed an enterprise agreement and that it complied with the procedural and substantive requirements of the Act. The agreement was considered genuine as it had been proposed by Inghams Enterprises and involved direct negotiation with employees. The Commission also determined that the agreement contained all necessary prescribed terms and was in compliance with the Act's requirements for direct agreements. As a result, the court approved the agreement, allowing it to come into effect.

The court ordered that the Inghams Enterprises (Tasmania Farming) Enterprise Agreement 2018 be approved and registered, with the agreement to be binding on the parties from the date of the decision. The approval allowed the agreement to be in force, providing a framework for the employment conditions of the relevant employees.

Inghams Enterprises Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established