Inghams Enterprises Pty Ltd T/A Inghams

[2022] FWCA 1109

[2022] FWCA 1109

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Inghams Enterprises Pty Ltd T/A Inghams

(AG2022/756)

Inghams Enterprises (Clyde Feedmill) & UWU Enterprise Agreement 2022

Poultry processing
COMMISSIONER CIRKOVIC	MELBOURNE, 29 MARCH 2022

Application for the approval of Inghams Enterprises (Clyde Feedmill) & UWU Enterprise Agreement 2022

1. Inghams Enterprises Pty Ltd T/A Inghams (the Applicant) has made an application for approval of an enterprise agreement known as the Inghams Enterprises (Clyde Feedmill) & UWU Enterprise Agreement 2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

1. The matter was allocated to my Chambers on 23 March 2022.

1. On 23 March 2022, my Chambers sent correspondence to the parties seeking to address concerns with certain aspects of the Agreement and invited the parties to address these matters. The concerns were as follows:

·  Chambers sought an amended Form 17 from the Applicant that contained the correct voting notification time.

·  Parties were notified that should the Agreement be approved, the approval decision will note that the Agreement will commence 7 days following approval.

·  The agreement did not contain a definition of shiftworker that was consistent with clause 23.5 of the Award.

·  Clauses 5.9.1 and 5.9.3 regarding public holidays, clause 6.1.7 regarding deduction upon termination and clause 6.1.5 regarding summary dismissal may be inconsistent with the National Employment Standards (NES) however the NES precedence term contained at clause 5.1.1 is deemed sufficient to resolve these NES concerns.

·  Chambers sought and received submissions on better off overall concerns regarding casual loading and non-successive shift work.

1. The Applicant has submitted an undertaking in the required form dated 25 March 2022. The undertaking deals with the following topics:

·  The Applicant provided a definition of shiftworker that is consistent with the Award.

·  The Applicant provided a National Employment Standards (NES) precedence term.

1. A copy of the undertaking has been provided to the bargaining representative and I have sought its view in accordance with s.190(4) of the Act. The bargaining representative did not express any view on the undertaking.

1. The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

1. The United Workers Union (UWU), being a bargaining representative for the Agreement, has given 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 that the Agreement covers this organisation.

1. 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.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 15 July 2024.

COMMISSIONER

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