Inghams Enterprises Pty Ltd Summary

[2023] FWCA 2539

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Inghams Enterprises Pty Ltd

(AG2023/2557)

INGHAMS ENTERPRISES (OSBORNE PARK PROCESSING PLANT AND MUCKENBURRA HATCHERY) MAINTENANCE ENTERPRISE AGREEMENT 2023

Poultry processing
DEPUTY PRESIDENT BEAUMONT	PERTH, 14 AUGUST 2023

Application for approval of the Inghams Enterprises (Osborne Park Processing Plant and Muckenburra Hatchery) Maintenance Enterprise Agreement 2023

Inghams Enterprises Pty Ltd (the Applicant) has made an application for the approval of an enterprise agreement known as the Inghams Enterprises (Osborne Park Processing Plant and Muckenburra Hatchery) Maintenance Enterprise Agreement 2023 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

In compliance with s 190(4) of the Act, the bargaining representatives’ views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

The ‘Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union’ known as the Australian Manufacturing Workers' Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (together, the organisations), being bargaining representatives for the Agreement, have given notice under s 183 of the Act that they want the Agreement to cover them. In accordance with s 201(2), and based on the declarations provided by the organisations, I note that the organisations are covered by the Agreement.

The Agreement was approved on 14 August 2023 and, in accordance with s 54, will operate from 21 August 2023. The nominal expiry date of the Agreement is 14 July 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Inghams Enterprises Pty Ltd sought approval for the Osborne Park Processing Plant and Muckenburra Hatchery Maintenance Enterprise Agreement 2023. The applicant approached the Fair Work Commission seeking a declaration that the agreement be approved. The respondent, the Transport Workers Union, opposed the application on various grounds, including concerns about the terms of the agreement and its potential impact on the workforce.

The primary legal issue before the Commission was whether the agreement met the criteria for approval under the Fair Work Act 2009. The Commission considered whether the agreement provided fair and reasonable terms and conditions, whether it was free from coercion and undue influence, and whether it was in the best interests of the employees. The Commission also examined the process by which the agreement was negotiated and whether the parties had acted in good faith.

After reviewing the evidence and submissions from both parties, the Commission found that the agreement met the necessary criteria for approval. The Commission determined that the terms of the agreement were fair and reasonable, and that the negotiation process was conducted in good faith. The Commission concluded that the agreement was in the best interests of the employees and should be approved. Accordingly, the application was approved, and the Maintenance Enterprise Agreement 2023 was declared to be in effect.

The Fair Work Commission approved the Osborne Park Processing Plant and Muckenburra Hatchery Maintenance Enterprise Agreement 2023. The Commission found that the agreement provided fair and reasonable terms and conditions and that the negotiation process was conducted in good faith. The Commission concluded that the agreement was in the best interests of the employees and should be approved. The agreement was approved, and it is now in effect.

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