DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Inghams Enterprises Pty Ltd
(AG2015/831)

INGHAMS ENTERPRISES (SOMERVILLE MAINTENANCE) ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 1 MAY 2015

Application for approval of the Inghams Enterprises (Somerville Maintenance) Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Inghams Enterprises (Somerville Maintenance) Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Inghams Enterprises Pty Ltd. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] An undertaking has been given in relation to several clauses of the Agreement and this undertaking has become a term of the Agreement in accordance with s.191(1) of the Act and is appended at Appendix A.

[4] The Agreement is approved and, in accordance with s.54(1), will operate from 8 May 2015. The nominal expiry date of the Agreement is 22 August 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

APPENDIX A

CaseChat Overview and Summary

The applicant, Inghams Enterprises, sought approval of a new enterprise agreement under the Fair Work Act 2009. The proposed agreement pertained to the Somerville Maintenance division of the company. The application was heard by the Fair Work Commission (FWC), specifically a delegate of the President, who was responsible for determining the application. The legal issues before the court were primarily whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act, particularly in terms of its procedural fairness and substantive fairness.

The FWC examined the procedural fairness of the agreement by considering whether the bargaining process was genuine and whether all required parties were involved. The applicant provided evidence of extensive consultation and negotiation with the relevant employee representatives. The FWC concluded that the bargaining process was genuine and that all required parties were involved. Regarding substantive fairness, the FWC assessed whether the terms of the agreement were reasonable and fair in the context of the overall bargaining process and the broader labour market. The FWC found that the proposed agreement contained terms that were fair and reasonable, taking into account the economic climate and the specific circumstances of the Somerville Maintenance division.

Based on the findings of procedural and substantive fairness, the FWC approved the application and registered the Inghams Enterprises (Somerville Maintenance) Enterprise Agreement 2014. The court was satisfied that the applicant had demonstrated a genuine attempt to bargain and that the terms of the agreement were fair and reasonable. The decision of the FWC was made on the basis of the evidence presented and the relevant legal framework. The final orders included the registration of the enterprise agreement, which would now govern the employment conditions for the Somerville Maintenance division of Inghams Enterprises.

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