Inghams Enterprises Pty Ltd

[2023] FWCA 982

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Inghams Enterprises Pty Ltd

(AG2023/640)

INGHAMS ENTERPRISES (MURARRIE MAINTENANCE) ENTERPRISE AGREEMENT 2022

Manufacturing and associated industries
DEPUTY PRESIDENT DOBSON	BRISBANE, 3 APRIL 2023

Application for approval of the lnghams Enterprises (Murarrie Maintenance) Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Inghams Enterprises (Murarrie Maintenance) Enterprise Agreement 2022 (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 Limited (the Applicant). The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (AMWU) 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 AMWU.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 31 March 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Inghams Enterprises Pty Ltd applied to the Fair Work Commission for approval of a new enterprise agreement, the Inghams Enterprises (Murarrie Maintenance) Enterprise Agreement 2022. The agreement sought to regulate the employment terms and conditions of certain employees working in the maintenance department at the Murarrie facility. The applicant, Inghams Enterprises, argued that the agreement would provide for fair and reasonable terms of employment and had been negotiated in good faith. The opposition came from a union representing the employees, which raised concerns over specific provisions in the agreement that they believed were not sufficiently fair or reasonable.

The primary legal issues before the Commission were whether the agreement met the criteria for approval under the Fair Work Act 2009. This included determining if the agreement had been made in good faith and if it provided for the fair and reasonable terms and conditions of employment. The Commission also had to consider if the agreement met the requirements of the Better Off Overall Test (BOOT) and if it provided for minimum entitlements as required by law.

The Commission began by examining the process by which the agreement was negotiated. It found that the negotiations had been conducted in good faith and that the agreement reflected a genuine attempt to reach a fair and reasonable outcome for both parties. The Commission then assessed the specific terms of the agreement against the statutory criteria. It considered the provisions relating to pay rates, leave entitlements, and other employment conditions, finding that the terms were broadly consistent with industry standards and provided for fair and reasonable outcomes. The Commission also found that the agreement met the requirements of the BOOT, as the overall package of terms and conditions provided employees with benefits that were at least as good as their previous entitlements. Consequently, the Commission approved the agreement under the Fair Work Act.

In conclusion, the Fair Work Commission approved the Inghams Enterprises (Murarrie Maintenance) Enterprise Agreement 2022, finding that it met the statutory criteria for approval. The Commission determined that the agreement had been negotiated in good faith and provided for fair and reasonable terms and conditions of employment. The agreement was also found to meet the requirements of the Better Off Overall Test and provided for the minimum entitlements required by law.

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