Inghams Enterprises Pty Ltd T/A Inghams

[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

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.

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

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.

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.

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.

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.

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.

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 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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CaseChat Overview and Summary

In the Fair Work Commission, Inghams Enterprises Pty Ltd, trading as Inghams, applied for the approval of the Inghams Enterprises (Clyde Feedmill) and UWU Enterprise Agreement 2022. The application was made under section 233 of the Fair Work Act 2009, seeking the Commission's endorsement of the agreement, which was negotiated between Inghams and the United Workers Union. The dispute centred on the terms and conditions of employment for workers at the Clyde Feedmill, including wages, hours of work, leave entitlements, and other workplace arrangements.

The primary legal issues before the Commission were whether the agreement met the requirements for approval under the Fair Work Act, including whether the agreement provided for the proper balance between the parties' interests, contained provisions for the resolution of disputes, and adhered to the principles of the modern industrial relations system. The Commission also had to consider whether the agreement was in the best interests of the employees, ensuring they were not worse off in terms of their existing conditions of employment.

The Commission found that the agreement contained provisions that were consistent with the principles of the modern industrial relations system, including mechanisms for dispute resolution and provisions that ensured employees would not be worse off. The agreement was negotiated in good faith and provided for the proper balance between the interests of the employer and the employees. The Commission was satisfied that the agreement met the statutory requirements for approval and was in the best interests of the employees. Consequently, the Commission approved the agreement under section 233 of the Fair Work Act.

The final order of the Commission was the approval of the Inghams Enterprises (Clyde Feedmill) and UWU Enterprise Agreement 2022, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would apply to the employees covered by the agreement, governing their terms and conditions of employment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established