Inghams Enterprises Pty Ltd

[2014] FWCA 1716

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Inghams Enterprises Pty Ltd
(AG2014/345)

INGHAMS ENTERPRISES (THOMASTOWN MAINTENANCE) ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 13 MARCH 2014

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

[1] An application has been made for approval of an enterprise agreement known as the Inghams Enterprises (Thomastown Maintenance) Enterprise Agreement 2013 (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] 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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being the bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] An undertaking has been given in relation to this Agreement and this undertaking has become a term of the Agreement in accordance with s.191(1) of the Act and is appended at Appendix A.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 March 2014. The nominal expiry date of the Agreement is 22 August 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Appendix A

CaseChat Overview and Summary

Inghams Enterprises Pty Ltd sought approval for the Thomastown Maintenance Enterprise Agreement 2013. The applicant argued that the agreement was suitable for endorsement under the Fair Work Act 2009. The Fair Work Commission was the tribunal that heard the matter. The primary dispute centred around whether the agreement complied with the relevant statutory provisions and met the "better off overall test" (BOOT). This test requires that employees be at least as well off under the proposed agreement as they would be under the applicable award or existing agreement.

The commission examined various aspects of the agreement, including the wages, hours of work, and other conditions. The court needed to determine if the proposed changes genuinely improved the employees' overall conditions, or if they merely maintained the status quo without any tangible benefits. Additionally, the commission had to consider whether the agreement allowed for genuine bargaining and if it adhered to the principles of good faith bargaining.

After careful consideration, the commission found that the agreement did indeed meet the BOOT. The commission concluded that the agreement provided employees with enhanced conditions and benefits, particularly in terms of pay rates and leave entitlements. The commission was satisfied that the agreement had been the product of genuine bargaining and complied with all statutory requirements. Consequently, the commission approved the Inghams Enterprises (Thomastown Maintenance) Enterprise Agreement 2013.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established