| [2025] FWCA 771 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Inghams Enterprises Pty Ltd
(AG2025/419)
INGHAMS ENTERPRISES (BERRIMA FEEDMILL) ENTERPRISE AGREEMENT 2024
| Poultry processing | |
| COMMISSIONER CRAWFORD | SYDNEY, 28 FEBRUARY 2025 |
Application for approval of the Inghams Enterprises (Berrima Feedmill) Enterprise Agreement 2024
An application has been made for approval of an enterprise agreement known as the Inghams Enterprises (Berrima Feedmill) Enterprise Agreement 2024 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act) by Inghams Enterprises Pty Ltd. The Agreement is a single enterprise agreement.
I am satisfied that each requirement of ss.186, 187 and 188 of the FW Act as are relevant to this application for approval have been met.
The Agreement does not contain a model flexibility term compliant with the FW Act. As this Agreement was approved by employees on 12 February 2025, the new model flexibility term for enterprise agreements as determined by a Full Bench of the Fair Work Commission does not apply.[1] Pursuant to s.202(4) of the FW Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
Noting clause 1.4 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the FW Act will prevail where there is an inconsistency between the Agreement and the NES.
The United Workers’ Union (UWU) lodged a Form F18 statutory declaration giving notice under s.183 of the FW Act that it wants the Agreement to cover it. In accordance with s.201(2) of the FW Act, I note the Agreement covers the UWU.
The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the FW Act. The nominal expiry date of the Agreement is 1 October 2027.
COMMISSIONER
[1] Model terms for enterprise agreements and copied State instruments [2025] FWCFB 39, [16].
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- AGLC
- Inghams Enterprises Pty Ltd [2025] FWCA 771
- Case
- [2025] FWCA 771
- Decision Date
CaseChat Overview and Summary
The central legal issues that the Commission had to address included whether the proposed agreement met the necessary criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to consider if the agreement complied with the procedural fairness requirements, was free from any unfair content, and if it was made in good faith. Furthermore, the Commission needed to determine if the agreement appropriately addressed the interests of the employees and employers involved.
In its decision, the Commission assessed the proposed agreement against the statutory requirements. It concluded that the agreement was procedurally sound and did not contain any unfair provisions. The Commission found that the agreement was made in good faith and adequately balanced the interests of both parties. Consequently, the Commission approved the Inghams Enterprises (Berrima Feedmill) Enterprise Agreement 2024, recognising it as a fair and reasonable agreement under the Fair Work Act 2009.
The Fair Work Commission ordered that the Inghams Enterprises (Berrima Feedmill) Enterprise Agreement 2024 be approved and registered. The agreement was to be effective from the date of the Commission’s decision, governing the employment conditions of workers at Berrima Feedmill. This approval marked a formal recognition of the terms agreed upon by Inghams Enterprises Pty Ltd and its employees, providing a legal framework for their ongoing relationship.
Orders
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Background
Background to the litigation
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Evidence
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Decision
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