DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Inghams Enterprises Pty Ltd
(AG2018/2609)

INGHAMS ENTERPRISES (VICTORIA BREEDER FARMS) ENTERPRISE AGREEMENT 2018

Agricultural industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 18 OCTOBER 2018

Application for approval of the Inghams Enterprises (Victoria Breeder Farms) Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Inghams Enterprises (Victoria Breeder Farms) 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 18 October 2018 and, in accordance with s.54, will operate from 25 October 2018. The nominal expiry date of the Agreement is 31 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Inghams Enterprises Pty Ltd applied to the Fair Work Commission for the approval of the Inghams Enterprises (Victoria Breeder Farms) Enterprise Agreement 2018. The application involved a dispute concerning the terms and conditions of employment for employees at Inghams' breeder farms in Victoria. The applicants argued that the proposed agreement provided for fair and reasonable terms, while the objectors contended that the agreement did not adequately protect employee rights and conditions.

The legal issues before the commission included whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it complied with the relevant legislative requirements. The commission considered whether the agreement met the standards set by the Fair Work Act 2009, including whether it provided for a safety net of minimum entitlements and whether it was free from coercion and undue influence.

The commission found that the agreement was fair and reasonable and met the legislative requirements. The commission noted that the agreement provided for a safety net of minimum entitlements and that the employees had been given sufficient opportunity to review and discuss the agreement. The commission also found that the agreement was not the product of any coercion or undue influence. Based on these findings, the commission approved the Inghams Enterprises (Victoria Breeder Farms) Enterprise Agreement 2018.

The commission made an order approving the Inghams Enterprises (Victoria Breeder Farms) Enterprise Agreement 2018, effective from the date of the decision. The commission also made an order that the agreement be registered with the Fair Work Commission and published on the Fair Work website. The order was made under section 182 of the Fair Work Act 2009.

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