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.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Inghams Enterprises Pty Ltd, an employer, was involved in a legal dispute with the Transport Workers Union of Australia and the Australian Manufacturing Workers Union. The conflict arose from the terms of the Inghams Enterprises (Cardiff) Engineering Enterprise Agreement 2014, specifically regarding the interpretation of certain clauses pertaining to overtime pay and rostered days off. The case was heard in the Fair Work Commission, an Australian federal statutory court with jurisdiction over workplace relations matters.

The primary legal issues before the Commission were the interpretation of the relevant clauses in the enterprise agreement. The employer argued that the employees were not entitled to overtime payments for certain work periods, while the unions contended that the employees were entitled to such payments. Additionally, the dispute involved the interpretation of rostered days off, with the unions asserting that certain days were to be treated as ordinary working days for the purposes of calculating overtime. The Fair Work Commission needed to determine the correct interpretation of these clauses and whether the employer had breached the enterprise agreement by not paying the claimed overtime.

The Commission examined the language of the enterprise agreement and considered the broader context and purpose of the agreement. It held that the terms of the agreement were clear and unambiguous, and that the employees were indeed entitled to the overtime payments in question. The Commission also found that certain rostered days off were to be treated as ordinary working days, entitling the employees to additional compensation. Consequently, the employer was found to have contravened the enterprise agreement by not paying the employees the overtime to which they were legally entitled. The decision was based on a textual interpretation of the agreement, reinforced by the Commission's understanding of the intentions behind the agreement as a whole.

The Fair Work Commission ordered Inghams Enterprises Pty Ltd to pay the affected employees the outstanding overtime payments, along with interest, within 28 days. The employer was also required to review its payroll records and ensure compliance with the enterprise agreement moving forward. This decision reinforced the importance of clear and precise language in enterprise agreements and the need for employers to adhere to the terms agreed upon with their employees.

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