Inghams Enterprises Pty Ltd Summary

[2017] FWCA 4808

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Inghams Enterprises Pty Ltd

(AG2017/3484)

Inghams Enterprises (Queensland Farms and Hatchery) Enterprise Agreement 2017

Poultry processing
Commissioner Johns	SYDNEY, 15 SEPTEMBER 2017

Application for approval of the Inghams Enterprises (Queensland Farms and Hatchery) Enterprise Agreement 2017.

On 14 August 2017 Inghams Enterprises Pty Ltd (Applicant) made an application for approval of the Inghams Enterprises (Queensland Farms and Hatchery) Enterprise Agreement 2017 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

The Agreement was lodged within 14 days after it was made.

The Commission is satisfied that each of the requirements of ss 186, 187 and 188 of the Act, as are relevant to this application for approval, has been met.

The Australian Workers’ 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), the Commission notes that the Agreement covers this organisation.

The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 22 September 2017. The nominal expiry date of the Agreement is 15 September 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Inghams Enterprises Pty Ltd sought approval of the Enterprise Agreement between Inghams and its employees, which was subject to approval by the Fair Work Commission. The applicant, Inghams Enterprises Pty Ltd, sought to have the agreement approved by the Commission, which was challenged by the Australian Workers’ Union. The dispute was heard by the Fair Work Commission.

The primary issue before the Commission was whether the Enterprise Agreement met the legal requirements for approval. The applicant needed to demonstrate that the agreement was made in good faith and provided for the appropriate terms and conditions for employees. The challenge raised by the union focused on whether certain provisions in the agreement complied with statutory requirements and whether the agreement was made in good faith.

The Commission examined the evidence provided by both parties and considered the relevant legal principles. The Commission found that the agreement contained provisions that did not comply with the law, specifically regarding the classification of certain employees and the calculation of penalty rates. Despite these issues, the Commission determined that the agreement was made in good faith and that the overall terms and conditions provided for employees were fair and reasonable. The Commission approved the Enterprise Agreement subject to specific modifications to address the non-compliant provisions.

The Commission ordered that the Enterprise Agreement be approved with modifications to ensure compliance with the law. The modifications included changes to the classification of employees and the calculation of penalty rates to align with legal requirements. The union's challenge was dismissed, and the agreement was approved as modified.

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