Inghams Enterprises Pty Ltd

[2024] FWCA 3684

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Inghams Enterprises Pty Ltd

(AG2024/3653)

INGHAMS ENTERPRISES SECURITY OFFICERS ENTERPRISE AGREEMENT (WA) 2023

Poultry processing
DEPUTY PRESIDENT O’KEEFFE	PERTH, 23 OCTOBER 2024

Application for approval of the Inghams Enterprises Security Officers Enterprise Agreement (WA) 2023

An application has been made for approval of an enterprise agreement known as the Inghams Enterprises Security Officers Enterprise Agreement (WA) 2023 (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 Ltd (the Applicant). The Agreement is a single enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 4 April 2024 and the Agreement was made on 13 September 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

The Applicant expressed the view that the Agreement passes the Better Off Overall Test (BOOT) and provided a summary of why it expressed this view. Consistent with s.193A(3) of the Act I have given consideration to this view when determining whether the Agreement passes the BOOT. The Transport Workers Union of Australia (WA Branch) (TWU), who were a bargaining agent, did not express a view as to whether the Agreement passes the BOOT.

The Applicant has provided written undertakings. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

The TWU lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the TWU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 October 2024. The nominal expiry date of the Agreement is 28 October 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Inghams Enterprises Pty Ltd applied to the Fair Work Commission for the approval of the Inghams Enterprises Security Officers Enterprise Agreement (WA) 2023. The dispute involved the terms and conditions of employment for security officers within the company's operations in Western Australia. The Fair Work Commission was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009, specifically whether it complied with the provisions regarding enterprise agreements.

The primary legal issues centred on whether the agreement was a lawful enterprise agreement under the Act. This involved examining whether the agreement had been made in good faith, whether it covered the appropriate employees, and whether it contained the necessary minimum terms as stipulated by the legislation. Additionally, the court needed to consider whether the agreement was procedurally sound, with proper authorisation and consultation processes having been followed.

The Fair Work Commission found that the agreement was a bona fide enterprise agreement, meeting all statutory requirements. The agreement was deemed to have been made in good faith and was procedurally sound, with adequate consultation and authorisation processes observed. The commission confirmed that the agreement covered the appropriate employees and contained all the necessary minimum terms. Therefore, the application for approval was successful, and the agreement was approved as a registered enterprise agreement.

The final orders of the Fair Work Commission approved the Inghams Enterprises Security Officers Enterprise Agreement (WA) 2023 as a registered enterprise agreement, effective from the date of the decision. The agreement was to be registered on the Register of Employment Agreements, and the parties were bound by its terms.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established