Inghams Enterprises Pty Ltd T/A Inghams Group Limited

[2019] FWCA 8686

[2019] FWCA 8686

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Inghams Enterprises Pty Ltd T/A Inghams Group Limited
(AG2019/4476)

INGHAMS ENTERPRISES (BOLIVAR MAINTENANCE) ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER PLATT	ADELAIDE, 24 DECEMBER 2019

Application for approval of the Inghams Enterprises (Bolivar Maintenance) Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Inghams Enterprises (Bolivar Maintenance) Enterprise Agreement 2018 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Inghams Enterprises Pty Ltd T/A Inghams group Limited. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 29 November 2019.

[3] On 6 December 2019, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including through the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 19 December 2019. The undertaking deals with the following topics:

•  Annual leave will accrue progressively.

•  If an employee fails to give notice, the employer has the right to withhold moneys due to the employee with a maximum amount equal to the wages for the period of notice not given.

•  The minimum engagement for a casual employee is no less than 4 hours per day or shift.

•  A part-time employee must be engaged and paid for a minimum of 4 consecutive hours per day or shift. In order to meet their personal circumstances, a part-time employee may request and the employer may agree to engage for no less than 3 consecutive hours per day or shift. The agreement reached must be recorded by the employer on the employee’s time and wages record.

•  Before commencing part-time employment, the employee and employer must agree in writing the hours to be worked, the days on which the hours will be worked, the start and finish times and the classification applying to the work to be performed. This agreement may be varied by consent in writing. Such an agreement, or any variation, must be retained by the employer and a copy of the agreement and any variation to it must be provided to the employee by the employer. Part-time employees must be paid for the hours agreed.

•  The terms of the Agreement will apply pro-rate to part-time employees on the basis that ordinary weekly hours for full-time employees are 38.

•  A part-time employee who is required by the employer to work in excess of the ordinary provided by the Award and/or clause 2.1.3 (a), or agreed under 2.1.3(c) or varied under 2.1.3 (e) must be paid overtime in accordance with clause 3.1 Hours of Work.

•  Subclause 3.3.3 will not apply to employees engaged as Trades Assistants as defined in clause 2.1.

•  Clauses 3.3.7 and 4.8.1, in relation to public holidays, will be applied in a manner that is consistent with s.114 of the Act.

[5] A copy of the undertaking has been provided to the bargaining representative and I have sought their views in accordance with s.190(4) of the Act. The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU).

[6] The matter was subsequently listed for Hearing on 24 December 2019. After some clarification about the effect of the undertaking, the AMWU withdrew its objections.

[7] 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.

[8] As the Agreement does not contain a consultation term which meets the requirements of s.205 of the Act, the model consultation term is taken to be a term of the Agreement.

[9] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), 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.

[10] 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.

[11] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 30 September 2021.

COMMISSIONER

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