Inghams Enterprises Pty Ltd Summary

[2014] FWCA 6152

FAIR WORK COMMISSION

DECISION

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

Inghams Enterprises Pty Ltd
(AG2014/7139)

INGHAMS ENTERPRISES (CARDIFF FEEDMILL) ENTERPRISE AGREEMENT 2014

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 5 SEPTEMBER 2014

Application for approval of the Inghams Enterprises (Cardiff Feedmill) Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Inghams Enterprises (Cardiff Feedmill) Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). 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] The Agreement is approved. In accordance with s.54(1) it will operate from 12 September 2014. The nominal expiry date of the Agreement is 27 March 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Inghams Enterprises Pty Ltd, the employer, applied for approval of the Inghams Enterprises (Cardiff Feedmill) Enterprise Agreement 2014. The application was made to the Fair Work Commission, which is responsible for approving enterprise agreements under the Fair Work Act 2009. The dispute centred on whether the agreement met the statutory requirements for approval, including the provision of a fair and reasonable agreement, and whether it complied with the procedural requirements.

The court had to determine whether the agreement was genuinely negotiated between the employer and the employees, and whether it provided for fair and reasonable terms and conditions. Additionally, the court needed to assess whether the agreement included the mandatory terms and conditions set out in the Fair Work Act, and whether the procedural requirements for the negotiation and making of the agreement were met.

The Fair Work Commission found that the agreement was genuinely negotiated and provided for fair and reasonable terms and conditions. The court was satisfied that the agreement included the mandatory terms and conditions set out in the Fair Work Act. Furthermore, the court determined that the procedural requirements for the negotiation and making of the agreement were met. Therefore, the Fair Work Commission approved the agreement.

The Fair Work Commission ordered that the Inghams Enterprises (Cardiff Feedmill) Enterprise Agreement 2014 be approved and registered under the Fair Work Act. The agreement will now regulate the terms and conditions of employment for the employees covered by the agreement.

Inghams Enterprises Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established