DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Inghams Enterprises Pty Ltd
(AG2017/1451)

INGHAMS ENTERPRISES (SOUTH AUSTALIA FARMING) ENTERPRISE AGREEMENT 2016

Agricultural industry
COMMISSIONER ROE	MELBOURNE, 2 JUNE 2017

Application for approval of the Inghams Enterprises (South Australia Farming) Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Inghams Enterprises (South Australia Farming) 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] The National Union of Workers 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.

[5] The Agreement was approved on 2 June 2017 and, in accordance with s.54, will operate from 9 June 2017. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Inghams Enterprises Pty Ltd applied for the approval of the Inghams Enterprises (South Australia Farming) Enterprise Agreement 2016. The matter was heard in the Fair Work Commission, where the primary concern was whether the agreement met the necessary standards under the Fair Work Act 2009. The applicants argued that the agreement was fairly negotiated and met the requirements for approval.

The court needed to determine if the agreement was in the public interest, if it was fairly negotiated, and if it met the requirements of the Fair Work Act. Specifically, the court examined if the agreement contained minimum entitlements and if it was free from prohibited content. The applicants also argued that the agreement was necessary to facilitate the operations of the farming business and to maintain the economic viability of the enterprise.

The court found that the agreement was fairly negotiated and contained the required minimum entitlements. It was determined that the agreement did not contain any prohibited content and was necessary to maintain the economic viability of the enterprise. The court concluded that the agreement was in the public interest and approved the application. The agreement was approved with the condition that certain changes be made to the agreement within a specified timeframe.

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