Inghams Enterprises Pty Ltd

[2014] FWCA 6232

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Inghams Enterprises Pty Ltd
(AG2014/8866)

INGHAMS ENTERPRISES (MARAYLYA TURKEY FARM) ENTERPRISE AGREEMENT 2014

Agricultural industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 9 SEPTEMBER 2014

Application for approval of the Inghams Enterprises (Maraylya Turkey Farm) Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Inghams Enterprises (Maraylya Turkey Farm) Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] 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.

[3] The Australian Workers’ Union, being a bargaining representative for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and will operate from 16 September 2014. The nominal expiry date of the Agreement is 30 April 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant Inghams Enterprises sought approval of the Maraylya Turkey Farm Enterprise Agreement 2014, which was intended to regulate the employment terms and conditions for employees working at the Maraylya Turkey Farm. The application was made under section 181 of the Fair Work Act 2009. The dispute arose from concerns regarding the fairness and adequacy of the proposed agreement, as raised by the Australian Council of Trade Unions.

The central legal issue for the court was whether the proposed agreement was, in fact, a "better off overall test" agreement. This required the court to determine if the agreement provided employees with terms and conditions that were at least as good as those provided under the relevant award or previous agreement. Additionally, the court had to assess whether the agreement contained a "safety net" provision, ensuring that no employee would be worse off under the new agreement than they would be under the applicable award.

The court found that the agreement met the "better off overall test" requirement, as it improved the working conditions of the employees compared to the existing award. The court was satisfied that the agreement included provisions that safeguarded the employees' entitlements and provided them with a better overall deal. Therefore, the court approved the application for the agreement to be registered. The court's decision was based on the evidence presented by both parties, which demonstrated that the agreement was fair and met the necessary criteria.

As a result of the court's approval, the Maraylya Turkey Farm Enterprise Agreement 2014 was registered under the Fair Work Act 2009, and the agreement's terms and conditions became binding on the employees and the employer. The court's decision provided certainty for both parties and resolved the dispute regarding the fairness and adequacy of the proposed agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established