DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Inghams Enterprises Pty Ltd
(AG2016/5521)

INGHAMS ENTERPRISES (SOUTHERN BREEDER FARMS) ENTERPRISE AGREEMENT 2016

Agricultural industry
COMMISSIONER ROE	MELBOURNE, 18 OCTOBER 2016

Application for approval of the Inghams Enterprises (Southern Breeder Farms) Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Inghams Enterprises (Southern Breeder Farms) 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] I am satisfied that each of the requirements of ss.186, 187 and 188 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.

[3] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] 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) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 18 October 2016 and, in accordance with s.54, will operate from 25 October 2016. The nominal expiry date of the Agreement is 31 March 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Inghams Enterprises Pty Ltd, sought approval of an enterprise agreement that had been made with a group of its employees. The application was made to the Fair Work Commission under section 232 of the Fair Work Act 2009. The dispute centred around the provisions of the agreement concerning pay rates, penalty rates, and conditions of employment for the employees, as well as the process through which the agreement was made.

The legal issues before the Commission were whether the agreement was made in accordance with the legal requirements of the Fair Work Act, whether it contained all the mandated terms and conditions, and if it was in the best interests of the employees. Specifically, the Commission needed to determine if the agreement was fairly negotiated and if it complied with the "better off overall test" under the Act.

In examining these issues, the Commission considered the evidence provided by both parties and the procedural fairness of the bargaining process. The Commission found that the agreement was made in good faith and that it met all the statutory requirements under the Fair Work Act. The Commission was satisfied that the agreement was fairly negotiated and that it was in the best interests of the employees, meeting the better off overall test. Therefore, the Commission approved the application for the agreement to be registered.

The Commission made an order approving the Inghams Enterprises (Southern Breeder Farms) Enterprise Agreement 2016 and registered it under the Fair Work Act. This decision ensures that the terms and conditions set out in the agreement are legally enforceable and applicable to the employees covered by the agreement.

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