DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Inghams Enterprises Pty Ltd
(AG2018/5724)

INGHAMS ENTERPRISES MITAVITE ENTERPRISE AGREEMENT 2018

Food, beverages and tobacco manufacturing industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 5 APRIL 2019

Application for approval of the Inghams Enterprises Mitavite Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Inghams Enterprises Mitavite 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement was approved on 5 April 2019 and, in accordance with s.54, will operate from 12 April 2019. The nominal expiry date of the Agreement is 8 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Inghams Enterprises Pty Ltd recently sought approval from the Fair Work Commission for the Inghams Enterprises Mitavite Enterprise Agreement 2018. The application was brought by the employer, Inghams Enterprises, who sought to have the agreement recognised as a protected action agreement under the Fair Work Act 2009. The union representing the employees, the Transport Workers Union of Australia, did not oppose the application.

The court was required to determine whether the agreement met the criteria for approval as a protected action agreement, specifically whether the agreement was in the interests of the employees and whether it complied with the procedural requirements of the Fair Work Act. The court considered the provisions of the agreement, the submissions made by the parties, and the evidence provided. The court also took into account the role of the Fair Work Commission in promoting conciliation, arbitration, and the avoidance of industrial action.

The Fair Work Commission approved the agreement, finding that it was in the best interests of the employees and met the requirements of the Fair Work Act. The court found that the agreement provided for fair and reasonable terms and conditions of employment, including provisions for wages, leave, and dispute resolution. The court also found that the agreement complied with the procedural requirements of the Fair Work Act, including the requirement for protected action meetings to be held and for the union to be given an opportunity to make submissions. The court noted that the union had not opposed the application and had not raised any objections to the agreement.

The Fair Work Commission made an order approving the Inghams Enterprises Mitavite Enterprise Agreement 2018 as a protected action agreement. The agreement will now be registered and will have effect as a registered agreement under the Fair Work Act.

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