Inghams Enterprises Pty Ltd Summary

[2023] FWCA 1124

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Inghams Enterprises Pty Ltd

(AG2023/861)

INGHAM’S ENTERPRISES (VICTORIAN HATCHERIES) AGREEMENT 2023

Poultry processing
COMMISSIONER YILMAZ	MELBOURNE, 19 APRIL 2023

Application for approval of the INGHAM’S ENTERPRISES (VICTORIAN HATCHERIES) AGREEMENT 2023

An application has been made for approval of an enterprise agreement known as the INGHAM’S ENTERPRISES (VICTORIAN HATCHERIES) AGREEMENT 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 Agreement is a single enterprise agreement.

The Employer 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. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Agreement is approved and in accordance with s.54, will operate from 26 April 2023. The nominal expiry date of the Agreement is 11 February 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Inghams Enterprises Pty Ltd applied to the Federal Court for approval of the Ingham’s Enterprises (Victorian Hatcheries) Agreement 2023. The application was made under the Fair Work Act 2009 and related to the employment conditions of workers in the Victorian hatcheries sector. The dispute centred on whether the proposed agreement complied with the statutory requirements and if it was in the best interest of the employees.

The legal issues the court had to decide included whether the agreement was a "small business agreement" as defined in the Fair Work Act, whether it met the criteria for approval under the Act, and if the agreement provided fair and reasonable terms for the employees. The court also had to consider whether the agreement was made in good faith and whether the process of developing the agreement was fair.

The court examined the structure and content of the agreement, the process by which it was developed, and the interests of the employees. It found that the agreement was indeed a small business agreement and that it met the criteria for approval. The court was satisfied that the agreement provided fair and reasonable terms for the employees and that it was made in good faith. The court concluded that the process of developing the agreement was fair, and approved the agreement under the Act.

The court's final order was that the Ingham’s Enterprises (Victorian Hatcheries) Agreement 2023 be approved as a registered agreement under the Fair Work Act.

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