DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Inghams Enterprises Pty Ltd
(AG2017/978)

INGHAMS ENTERPRISES (OSBORNE PARK & HAZELMERE) ENTERPRISE AGREEMENT 2016

Poultry processing
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 4 JULY 2017

Application for approval of the Inghams Enterprises (Osborne Park & Hazelmere) Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Inghams Enterprises (Osborne Park & Hazelmere) Enterprise Agreement 2016 (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 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.

[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] 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 National Union of Workers and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[6] The Agreement was approved on 4 July 2017 and, in accordance with s.54, will operate from 11 July 2017. The nominal expiry date of the Agreement is 12 January 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Inghams Enterprises Pty Ltd sought approval of a proposed enterprise agreement from the Fair Work Commission. The agreement in question covered employees at Osborne Park and Hazelmere. The dispute centred on the terms and conditions of employment, including wages, hours of work, and other employment-related matters, as proposed in the agreement.

The legal issues before the court revolved around whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the court needed to determine if the agreement provided for fair and reasonable terms, if it was genuinely negotiated, and if it complied with the procedural requirements set forth by the legislation.

In reaching its decision, the Fair Work Commission carefully reviewed the negotiation process and the contents of the proposed agreement. The Commission considered whether the agreement provided for fair and reasonable terms, taking into account the interests of both employees and the employer. Additionally, the Commission examined the procedural fairness of the negotiation process to ensure it was genuine and not coerced. After thorough examination, the Commission found that the agreement met all the necessary criteria and approved it accordingly. The court's approval of the enterprise agreement allows for its implementation, providing a framework for the terms and conditions of employment for the affected 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