Inghams Enterprises Pty Ltd Trading AS Inghams

[2025] FWCA 2294

[2025] FWCA 2294

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Inghams Enterprises Pty Ltd Trading AS Inghams

(AG2025/2099)

INGHAMS ENTERPRISES (SOUTHERN BREEDER FARMS) ENTERPRISE AGREEMENT 2025

Poultry processing
DEPUTY PRESIDENT WRIGHT	SYDNEY, 17 JULY 2025

Application for approval of the Inghams Enterprises (Southern Breeder Farms) Enterprise Agreement 2025

Introduction

1. Inghams Enterprises Pty Ltd Trading As Inghams (the Employer) has made an application for approval of an enterprise agreement known as the Inghams Enterprises (Southern Breeder Farms) Enterprise Agreement 2025 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

1. The Agreement will apply to employees who are covered by the Pastoral Award 2020 (Award).

Casual Employees Entitled to Vote

1. The Commission identified that 10 casual employees (out of 37 employees) were included by the Employer as employees eligible to participate in the vote on the Agreement. The Employer provided submissions showing that all 10 casual employees were employed at the time and entitled to vote. I am satisfied that in light of the Full Bench decision in Appeal by Kmart Australia Limited t/a Kmart and others [2019] FWCFB 7599, the requirement in s.181(1) of the Act has been met.

National Employment Standards (NES)

1. Substitution of Public Holidays: Clause 4.4.4(a) provides that the company and the employees may reach agreement to substitute a public holiday. This is inconsistent with s.115 of the Act which provides that an enterprise agreement may include terms providing for an employer and employee to agree on such substitutions.

2. Family and Domestic Violence Leave: Clause 5.8.3 of the Agreement provides for 10 days paid and 5 days unpaid family and domestic violence leave for full time employees. This entitlement is pro-rata for part time employees, and casual employees receive 15 days of unpaid family and domestic violence leave. This is inconsistent with ss. 106A and 106BA of the Act which provide 10 days of paid family and domestic violence leave for all employees regardless of their type of employment.

Section 190 Undertakings

1. The Employer provided written undertakings to address the above NES issues. A copy of the undertakings is attached in Attachment A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

Section 186, 187, 188 and 190

1. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

Section 183 Bargaining Representatives

1. The Australian Workers Union (AWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it.

1. In accordance with s.201(2), I note that the Agreement covers the AWU.

Approval

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 July 2025. The nominal expiry date of the Agreement is 31 March 2028.

DEPUTY PRESIDENT

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Attachment A