DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Inghams Enterprises Pty Ltd
(AG2017/1362)

INGHAMS ENTERPRISES (EDINBURGH PARKS) ENTERPRISE AGREEMENT 2016

Poultry processing
COMMISSIONER LEE	MELBOURNE, 31 MAY 2017

Application for approval of the Inghams Enterprises (Edinburgh Parks) Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Inghams Enterprises (Edinburgh Parks) 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.

[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 is approved and, in accordance with s.54 of the Act, will operate from 7 June 2017. The nominal expiry date of the Agreement is 1 April 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the Fair Work Commission, Inghams Enterprises Pty Ltd applied for approval of the Inghams Enterprises (Edinburgh Parks) Enterprise Agreement 2016. The application was made under section 234 of the Fair Work Act 2009. The dispute centred on whether the proposed enterprise agreement contained the necessary minimum terms and conditions, and whether it had been fairly negotiated. The Fair Work Commission was tasked with determining whether the agreement met the requirements set out in the Fair Work Act.

The court examined whether the agreement provided for minimum rates of pay and entitlements, and if it adhered to the procedural fairness standards established by the Fair Work Act. Specifically, the Commission needed to assess if there was genuine bargaining between the parties and if the agreement had been made in good faith. The Commission also considered whether the agreement appropriately dealt with matters such as classification, wage rates, and other employment conditions.

After reviewing the evidence and submissions from both parties, the Fair Work Commission concluded that the agreement was appropriately negotiated and contained the necessary minimum terms. The Commission found that there was genuine bargaining and that the agreement had been made in good faith. It was determined that the agreement adequately addressed the classification, wage rates, and other employment conditions, thereby meeting the requirements of the Fair Work Act. Consequently, the Commission approved the Inghams Enterprises (Edinburgh Parks) Enterprise Agreement 2016.

The final orders included the approval of the enterprise agreement, with specific terms and conditions outlined in the document. The agreement was to be registered with the Fair Work Commission and would govern the employment of the relevant workforce.

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