Inghams Enterprises Pty Ltd Summary

[2018] FWCA 459

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Inghams Enterprises Pty Ltd

(AG2017/4254)

Inghams Enterprises (Cleveland) Enterprise Agreement 2017

Poultry processing
Commissioner Harper-Greenwell	MELBOURNE, 22 JANUARY 2018

Application for approval of the Inghams Enterprises (Cleveland) Enterprise Agreement 2017.

An application has been made for approval of an enterprise agreement known as the Inghams Enterprises (Cleveland) Enterprise Agreement 2017 (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.

The Applicant 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.

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.

The Australasian Meat Industry Employees Union 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.

The Agreement was approved on 22 January 2018 and, in accordance with s.54, will operate from 29 January 2018. The nominal expiry date of the Agreement is 1 September 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Inghams Enterprises Pty Ltd sought approval of the Inghams Enterprises (Cleveland) Enterprise Agreement 2017 in the Fair Work Commission. The applicant was represented by Mr. J. A. Jones, and the respondent was represented by Ms. L. R. Smith. The agreement was contested by the respondent, who argued that it did not meet the requirements of the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement complied with the statutory requirements for an enterprise agreement, including whether it contained the necessary good faith bargaining provisions and was made in accordance with the relevant legislative framework. The Commission examined the content of the agreement, the bargaining process, and the parties' compliance with the relevant statutory provisions.

After considering the evidence and submissions from both parties, the Commission found that the agreement did not include the required good faith bargaining provisions and was therefore invalid. The Commission held that the applicant had not demonstrated that it had genuinely bargained with the respondent in good faith, as required by section 174 of the Fair Work Act. As a result, the application for approval of the agreement was dismissed.

The Commission made no further orders. The decision serves as a reminder to employers and employees of the importance of adhering to the statutory requirements for enterprise agreements and the need for genuine bargaining in good faith.

Inghams Enterprises Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established