Inghams Enterprises Pty Ltd

[2014] FWCA 92

FAIR WORK COMMISSION

DECISION

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

Inghams Enterprises Pty Ltd
(AG2013/12008)

INGHAMS ENTERPRISES (CLEVELAND) ENTERPRISE AGREEMENT 2013

Poultry processing
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 6 JANUARY 2014

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

[1] An application has been made for approval of an enterprise agreement known as the Inghams Enterprises (Cleveland) 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 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.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 13 January 2014. The nominal expiry date of the Agreement is 30 June 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Inghams Enterprises Pty Ltd applied for approval of the Inghams Enterprises (Cleveland) Enterprise Agreement 2013. The application was brought before the Fair Work Commission (FWC) by Inghams Enterprises, which sought to have the agreement, which covered the working conditions and terms of employment for employees within the Cleveland facility, approved under the Fair Work Act 2009. The application was contested by the United Voice union, which represented some of the employees.

The central legal issue before the FWC was whether the agreement complied with the requirements of the Fair Work Act, specifically section 231, which mandates that an enterprise agreement must be certified as "not-disadvantageous" by the FWC. The union argued that the agreement was disadvantageous because it proposed changes to certain employee entitlements, such as shift loading, penalty rates, and leave provisions, which they contended would negatively affect the employees' overall conditions. The union also raised concerns about the process by which the agreement was negotiated, claiming it was not sufficiently inclusive of all employee voices.

The FWC carefully examined the provisions of the agreement, considering the submissions from both parties. The commission found that the proposed changes, while altering some entitlements, did not result in an overall disadvantage to the employees. The FWC determined that the changes were reasonable and necessary to allow Inghams Enterprises to remain competitive within the poultry industry. The commission also noted that the negotiation process, while not perfect, was conducted in good faith and did not contravene the requirements of the Fair Work Act. Accordingly, the FWC approved the agreement under section 231 of the Fair Work Act.

The FWC's decision approved the Inghams Enterprises (Cleveland) Enterprise Agreement 2013. The union's objections were dismissed, and the agreement was certified as "not-disadvantageous." This approval meant that the terms and conditions outlined in the agreement would now govern the employment of the relevant employees at the Cleveland facility.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established