Inghams Enterprises Pty Ltd Summary

[2023] FWCA 371

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Inghams Enterprises Pty Ltd

(AG2023/27)

INGHAMS ENTERPRISES (TASMANIA FARMING) ENTERPRISE AGREEMENT 2022

Poultry processing
COMMISSIONER YILMAZ	MELBOURNE, 7 FEBRUARY 2023

Application for approval of the INGHAMS ENTERPRISES (TASMANIA FARMING) ENTERPRISE AGREEMENT 2022

An application has been made for approval of an enterprise agreement known as the INGHAMS ENTERPRISES (TASMANIA FARMING) 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 Ltd. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 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 14 February 2023. The nominal expiry date of the Agreement is 27 September 2024.

COMMISSIONER

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 (TASMANIA FARMING) ENTERPRISE AGREEMENT 2022. The agreement pertains to the employment of workers within the Tasmanian farming operations of Inghams Enterprises. The applicants sought the agreement's endorsement to ensure its enforceability and to provide a stable framework for industrial relations between the company and its employees.

The court had to determine whether the agreement met the statutory criteria set out in the Fair Work Act 2009. This included assessing if the agreement was fairly negotiated and if it contained the minimum terms and conditions as prescribed by law. The court also had to consider if the agreement was in the best interests of the employees and if it complied with the procedural fairness requirements.

In its decision, the Fair Work Commission found that the agreement was fairly negotiated and contained all the necessary minimum terms and conditions. The commission confirmed that the agreement was beneficial to the employees and met all the statutory requirements for approval. Consequently, the court approved the agreement, ensuring it would be legally enforceable and provide a stable industrial relations framework for the employees of Inghams Enterprises' Tasmanian farming operations.

The final orders of the court were that the INGHAMS ENTERPRISES (TASMANIA FARMING) ENTERPRISE AGREEMENT 2022 be approved and registered under the Fair Work Act 2009. The agreement was to take effect from the date of the commission's decision, providing a binding framework for the employment conditions of the relevant workers.

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