DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Inghams Enterprises Pty Ltd
(AG2016/3490)

INGHAMS ENTERPRISES (MILE END FEEDMILL) ENTERPRISE AGREEMENT 2016

Food, beverages and tobacco manufacturing industry
COMMISSIONER LEE	MELBOURNE, 28 JULY 2016

Application for approval of the Inghams Enterprises (Mile End Feedmill) Enterprise Agreement 2016.

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

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 August 2016. 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 sought approval of an enterprise agreement from the Fair Work Commission (FWC). The agreement, dated 2016, pertains to the operations at the Mile End Feedmill. The application for approval was contested by the Australian Workers' Union (AWU), which argued that the agreement contained terms that were not fair and reasonable.

The primary legal issues before the FWC were whether the terms of the agreement were fair and reasonable, and if the process by which the agreement was made was compliant with the requirements of the Fair Work Act 2009. The AWU argued that certain provisions of the agreement, particularly those relating to redundancy and termination, were harsh and not fairly negotiated. Additionally, there were concerns regarding the manner in which the agreement was presented to the employees for approval.

The FWC assessed the fairness of the agreement's terms and the process of its negotiation and approval. In its decision, the FWC found that while some terms were contentious, the overall agreement was fair and reasonable. The FWC also determined that the negotiation and approval processes were generally compliant with the statutory requirements. Consequently, the FWC approved the enterprise agreement, finding that it met the criteria for registration under the Fair Work Act.

The Fair Work Commission approved the Inghams Enterprises (Mile End Feedmill) Enterprise Agreement 2016, subject to the conditions outlined in the decision. The approval was contingent upon certain amendments to specific terms, which were deemed to be unfair. The AWU was granted leave to appeal the decision to the Federal Court, with the appeal to be heard at a later date.

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