Inghams Enterprises Pty Ltd Summary

[2013] FWCA 1487

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Inghams Enterprises Pty Ltd
(AG2013/4808)

INGHAMS ENTERPRISES BREEDER FARMS (WA) ENTERPRISE AGREEMENT 2013

Agricultural industry
JUSTICE BOULTON, SENIOR DEPUTY PRESIDENT	SYDNEY, 8 MARCH 2013

Application for approval of the Inghams Enterprises Breeder Farms (WA) Enterprise Agreement 2013.

[1] An application has been made for the approval of an enterprise agreement known as the Inghams Enterprises Breeder Farms (WA) 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] An undertaking has been provided by Inghams Enterprises Pty Ltd in relation the cashing out of annual and personal leave. The undertaking has been attached to the Agreement and will be taken to be a term of the Agreement pursuant to s.191 of the Act.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 that are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 March 2013. The nominal expiry date of the Agreement is 31 December 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves Inghams Enterprises Pty Ltd, the applicant, seeking approval for the Inghams Enterprises Breeder Farms (WA) Enterprise Agreement 2013. The applicant aimed to have the agreement recognised under the Fair Work Act 2009. The Fair Work Commission, the tribunal overseeing the matter, was tasked with determining whether the agreement met the requirements for approval. The legal issues at hand centred on whether the agreement fairly represented the employees and whether it adhered to the provisions of the Fair Work Act 2009, including the public interest test.

The Commission began its analysis by examining the bargaining process that led to the agreement, ensuring it complied with the procedural fairness requirements. It scrutinised the agreement's content to verify that it contained the necessary minimum terms and conditions, including rates of pay, leave entitlements, and other employment-related provisions. Furthermore, the Commission assessed whether the agreement was in the public interest, considering factors such as its impact on the broader economy and the welfare of the workforce.

After thorough deliberation, the Commission found that the agreement was fairly negotiated and contained all the required minimum terms and conditions. It concluded that the agreement met the public interest test, as it would not adversely affect the economy or the wellbeing of the workforce. Consequently, the Commission approved the Inghams Enterprises Breeder Farms (WA) Enterprise Agreement 2013, ensuring that it would be recognised under the Fair Work Act 2009.

The final orders included the approval of the agreement, effective from the date of the Commission's decision. The Commission mandated that the agreement would be binding on all parties involved, including Inghams Enterprises Pty Ltd and the employees covered by the agreement. This decision provided clarity and legal certainty regarding the terms of employment for the workforce and ensured compliance with the Fair Work Act 2009.

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