Inghams Enterprises Pty Ltd

[2015] FWCA 1854

[2015] FWCA 1854

FAIR WORK COMMISSION

DECISION

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

Inghams Enterprises Pty Ltd
(AG2015/378)

INGHAMS ENTERPRISES (CARDIFF) ENGINEERING ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 20 MARCH 2015

Inghams Enterprises (Cardiff) Engineering Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Inghams Enterprises (Cardiff) Engineering Enterprise Agreement 2014 (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] An undertaking has been confirmed that the parties:

“1. The below wage rates are applicable under the Inghams Enterprises Pty Ltd (Cardiff) Engineering Enterprise Agreement 2014.

The weekly wage rates below are effective as of the full pay period on or after the date specified.

Classification	Current Rates	Weekly Wage Rates effective as of 5-Nov-13	5-Nov-2014	5-Nov-2015
Fitter L2 C9	$ 1,056.68	$ 1,088.38	$ 1,121.03	$ 1,154.66
Fitter L1 C10	$ 1,031.34	$ 1,062.28	$ 1,094.15	$ 1,126.97
Fitter L1 C10 Boiler Cert	$ 1,041.46	$ 1,072.70	$ 1,104.88	$ 1,138.03
Fitter L1 C10 Boiler Cert & Refrigeration	$ 1,064.82	$ 1,096.76	$ 1,129.67	$ 1,163.56
Fitter L4 C11 Boiler Cert & Refrigeration	$ 929.88	$ 957.78	$ 986.51	$ 1,016.10

....”

[3] As a result, the above undertaking is taken to be a term of the Agreement. A full copy of advice provided by the employer is attached to the Agreement as Attachment 1.

[4] As the Agreement does not contain a consultation term which meets the requirements of s.205 of the Act, the model consultation term is taken to be a term of the Agreement.

[5] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[6] 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) of the Act, I note that the Agreement covers this organisation.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 March 2015. The nominal expiry date of the Agreement is 5 January 2017.

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<Price code C, AE413091  PR562131>