DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Inghams Enterprises Pty Ltd
(AG2016/2124)

INGHAMS ENTERPRISES (BOLIVAR MAINTENANCE) ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 25 JANUARY 2016

Application for approval of the Inghams Enterprises (Bolivar Maintenance) Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Inghams Enterprises (Bolivar Maintenance) Enterprise Agreement 2015 (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.

[3] 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.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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 1 February 2016. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Price code G, AE417556 PR576391

CaseChat Overview and Summary

Inghams Enterprises Pty Ltd applied to the Fair Work Commission for the approval of the Inghams Enterprises (Bolivar Maintenance) Enterprise Agreement 2015. The dispute centred on the terms and conditions of employment for employees in the maintenance division of the company, specifically those based at the Bolivar facility. The Commission was tasked with determining whether the agreement met the requirements under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement provided for the proper bargaining of terms and conditions of employment, and whether it complied with the 'better off overall test'. The Commission had to consider whether the proposed changes to the employees' terms and conditions, such as wage rates and conditions of work, provided a net benefit to the employees. Additionally, the Commission examined whether the agreement appropriately dealt with issues such as penalty rates, shift differentials, and other employment conditions.

The Commission found that the agreement was appropriately bargained and provided a net benefit to the employees. The terms of the agreement were deemed to be fair and reasonable, and the proposed changes to the employees' terms and conditions of employment provided them with an overall improvement in their conditions. The Commission was satisfied that the agreement complied with the requirements of the Fair Work Act 2009 and approved the Inghams Enterprises (Bolivar Maintenance) Enterprise Agreement 2015.

The Fair Work Commission approved the Inghams Enterprises (Bolivar Maintenance) Enterprise Agreement 2015, finding that it met the requirements under the Fair Work Act 2009. The Commission found that the agreement provided for the proper bargaining of terms and conditions of employment, and that it complied with the 'better off overall test'. The Commission was satisfied that the agreement provided a net benefit to the employees, and approved the agreement for registration.

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