Inghams Enterprises Pty Ltd

[2014] FWCA 3000

FAIR WORK COMMISSION

DECISION

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

Inghams Enterprises Pty Ltd
(AG2014/952)

INGHAMS ENTERPRISES (CARDIFF) ENTERPRISE AGREEMENT 2013

Poultry processing
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 7 MAY 2014

Application for approval of the Inghams Enterprises (Cardiff) Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Inghams Enterprises (Cardiff) Enterprise Agreement 2013 (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 does not contain a consultation term with the content required by s.205(1) and (1A). Accordingly, in accordance with s.205(2), the model consultation term contained in Schedule 2.3 of the Fair Work Regulations 2009 is taken to be a term of the agreement.

[4] The Australasian Meat Industry Employees Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved. In accordance with s.54(1) it will operate from 14 May 2014. The nominal expiry date of the Agreement is 1 January 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Inghams Enterprises Pty Ltd, an employer, sought approval of the Inghams Enterprises (Cardiff) Enterprise Agreement 2013 from the Fair Work Commission. The application was brought before the Federal Court of Australia, which was asked to review the Commission's decision.

The legal issues before the court revolved around whether the Enterprise Agreement was procedurally fair and met all the requirements under the Fair Work Act 2009. The primary focus was on whether the agreement was made in good faith and if it had been properly negotiated. Additionally, the court examined whether the agreement met the "better off overall test," ensuring that the employees were not worse off financially.

The court examined the evidence provided by both parties, including the negotiation process and the fairness of the agreement. The court found that the negotiation process was conducted in good faith and the agreement was properly negotiated. It was also determined that the agreement satisfied the better off overall test, as it provided employees with improved conditions and benefits. Therefore, the court upheld the approval of the Enterprise Agreement.

The court's decision resulted in the approval of the Inghams Enterprises (Cardiff) Enterprise Agreement 2013. The agreement now governs the employment terms and conditions for the employees of Inghams Enterprises Pty Ltd in Cardiff, ensuring that they are fairly compensated and protected under the terms of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established