Inghams Enterprises Pty Ltd Summary

[2013] FWCA 2636

FAIR WORK COMMISSION

DECISION

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

Inghams Enterprises Pty Ltd
(AG2013/5773)

INGHAMS ENTERPRISES VICTORIAN FARMS AGREEMENT 2013

Agricultural industry
COMMISSIONER RIORDAN	SYDNEY, 30 APRIL 2013

Application for approval of the Inghams Enterprises Victorian Farms Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as Inghams Enterprises Victorian Farms 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 Limited (the Applicant). 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 relevant to this application for approval have been met.

[3] The Australian Workers’ Union has given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

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CaseChat Overview and Summary

Inghams Enterprises Pty Ltd recently appeared before the Fair Work Commission to seek approval of the Inghams Enterprises Victorian Farms Agreement 2013. The application involved various stakeholders, including the company and its employees represented by unions. The crux of the dispute revolved around whether the proposed agreement met the legal criteria for approval, specifically under the Fair Work Act 2009. The Commission was tasked with assessing if the agreement complied with the relevant provisions and if it was made in good faith and without coercion.

The legal issues at the heart of the case included determining whether the agreement contained all the mandatory terms prescribed by the Fair Work Act, if it provided adequate protections and benefits for employees, and whether the process leading to the agreement was fair and transparent. The Commission also needed to consider if the agreement was made in good faith and without undue influence or coercion. Additionally, the court had to evaluate if the agreement adhered to the principles of enterprise bargaining as outlined in the Fair Work Act.

After thorough examination, the Fair Work Commission concluded that the Inghams Enterprises Victorian Farms Agreement 2013 met all the necessary legal requirements for approval. The agreement was found to include all mandatory terms, provide fair protections and benefits for employees, and was made in good faith. The process leading to the agreement was deemed fair and transparent, with no evidence of undue influence or coercion. Consequently, the Commission approved the agreement, recognising it as a genuine enterprise bargaining agreement under the Fair Work Act. The final orders affirmed the approval of the agreement, paving the way for its implementation.

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