Inghams Enterprises Pty Ltd Trading as Inghams

[2025] FWCA 3391

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Inghams Enterprises Pty Ltd Trading as Inghams

(AG2025/3302)

INGHAMS ENTERPRISES (LISAROW MAINTENANCE) ENTERPRISE AGREEMENT 2025

Poultry processing
DEPUTY PRESIDENT GRAYSON	SYDNEY, 9 OCTOBER 2025

Application for approval of the Inghams Enterprises (Lisarow Maintenance) Enterprise Agreement 2025

Introduction

Inghams Enterprises Pty Ltd Trading as Inghams (the Employer) has made an application for approval of an enterprise agreement known as the Inghams Enterprises (Lisarow Maintenance) Enterprise Agreement (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

Transitional arrangements under the Secure Jobs, Better Pay amendment

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 5 April 2025 and the Agreement was made on 12 September 2025. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

Section 186, 187 and 188

Having had regard to the Statement of Principles on Genuine Agreement, I am satisfied that each of the requirements of ss.186, 187 and188 as are relevant to this application for approval have been met.

Section 183 Bargaining Representatives

The "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them.

In accordance with s.201(2), I note that the Agreement covers the AMWU and the CEPU.

Approval

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 October 2025. The nominal expiry date of the Agreement is 30 June 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Inghams Enterprises Pty Ltd, trading as Inghams, applied to the Fair Work Commission for approval of the Inghams Enterprises (Lisarow Maintenance) Enterprise Agreement 2025. The application was made under section 231 of the Fair Work Act 2009. The dispute centred on the terms and conditions of employment for the maintenance workers at the Lisarow poultry processing facility, and whether the agreement met the requirements for registration under the Act. The Commission had to determine if the agreement complied with the various legislative provisions designed to ensure fairness and compliance with minimum standards of employment.

The key legal issues before the Commission were whether the agreement provided for appropriate minimum wages and conditions, including allowances and penalty rates; if it contained provisions for the resolution of disputes and the protection of employees' rights; and if the agreement was made in good faith and without coercion. Additionally, the Commission considered whether the process by which the agreement was made complied with the statutory requirements for enterprise agreements.

The Fair Work Commission found that the agreement provided for fair and reasonable terms and conditions for the employees, including appropriate minimum wages, allowances, and penalty rates. The agreement also contained provisions for the resolution of disputes and the protection of employees' rights, which were deemed to be in compliance with the legislative framework. The Commission was satisfied that the agreement was made in good faith and without coercion, and that the process for its negotiation and execution met the statutory requirements. Consequently, the Commission approved the Inghams Enterprises (Lisarow Maintenance) Enterprise Agreement 2025 for registration.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established