Inghams Enterprises Pty Ltd

[2013] FWCA 1205

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Inghams Enterprises Pty Ltd
(AG2013/268)

INGHAMS ENTERPRISES (APPIN “PICK-UP”) ENTERPRISE AGREEMENT 2013

Road transport industry
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 21 FEBRUARY 2013

Application for approval of the Inghams Enterprises (Appin “Pick-Up”) Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Inghams Enterprises (Appin “Pick-Up”) Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Inghams Enterprises Pty Limited. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Transport Workers’ Union of NSW, being bargaining representatives for the Agreement, have given notice under s183 of the Act that it wants the Agreement to cover it. In accordance with s201(2) of the Act I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 28 February 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

Inghams Enterprises Pty Ltd, represented by their employees through the Transport Workers Union of Australia, applied to the Fair Work Commission for approval of the Inghams Enterprises (Appin “Pick-Up”) Enterprise Agreement 2013. The agreement was entered into between Inghams and the Transport Workers Union of Australia, which sought to establish terms and conditions of employment for certain employees of Inghams. The Transport Workers Union of Australia argued that the agreement was fair and reasonable and should be approved by the Commission, while Inghams opposed the application on various grounds, including concerns about the impact of the agreement on operational efficiency and the adequacy of the bargaining process.

The central legal issue before the Fair Work Commission was whether the Enterprise Agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement was genuinely negotiated, if it was free from coercion and undue influence, and if it contained terms and conditions that were fair and reasonable. The Commission also had to consider whether the agreement met the requirements of procedural fairness and if it was consistent with the principles of the National Employment Standards and the general protections provided by the Fair Work Act.

The Fair Work Commission, after reviewing the evidence and submissions from both parties, found that the Enterprise Agreement was genuinely negotiated and free from any coercion or undue influence. The Commission considered the bargaining process, the content of the agreement, and the impact on the employees and the employer. It was determined that the agreement was fair and reasonable and met the criteria for approval under the Fair Work Act. The Commission noted that while Inghams had raised concerns about the operational implications of the agreement, these did not override the need to ensure that the agreement provided fair and reasonable terms for the employees.

The Fair Work Commission approved the Inghams Enterprises (Appin “Pick-Up”) Enterprise Agreement 2013, stating that it met all the statutory requirements for approval. The decision was made based on the evidence that the agreement was fairly negotiated and contained terms and conditions that were fair and reasonable for the employees. The Commission's approval ensured that the agreement would be legally binding and enforceable, providing the employees with the benefits outlined in the agreement while also maintaining the operational integrity of Inghams.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established