Inghams Enterprises Pty Ltd Trading AS Inghams

[2025] FWCA 1848

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

(AG2025/1458)

INGHAM’S ENTERPRISES (TURKEY BREEDER FARMS AND HATCHERIES) ENTERPRISE AGREEMENT 2025

Poultry processing
COMMISSIONER WALKADEN	SYDNEY, 2 JUNE 2025

Application for approval of the Ingham’s Enterprises (Turkey Breeder Farms and Hatcheries) Enterprise Agreement 2025

This decision concerns an application for approval of the Ingham’s Enterprises (Turkey Breeder Farms and Hatcheries) Enterprise Agreement 2025 (the Agreement). The application has been made under section 185 of the Fair Work Act 2009 (the FW Act) by Ingham’s Enterprises Pty Ltd (the Applicant). The Agreement is a single enterprise agreement. The Fair Work Commission must approve the Agreement if the requirements in sections 186 and 187 of the FW Act.

Section 186(2)(d) of the FW Act requires the Fair Work Commission to be satisfied that the Agreement passes the better off overall test (BOOT). The assessment as to whether the Agreement passes the BOOT is applied in accordance with section 193A of the FW Act. Based on the materials provided with the application, I am satisfied that the Agreement passes the BOOT. In particular, in accordance with Section 193A of the FW Act, I have given consideration to the views expressed by the Applicant (section 193A(3)(a)) and The Australian Workers’ Union (AWU) (section 193A(3)(c)) as to whether the Agreement passes the BOOT. The Applicant expressed the view that the Agreement passes the BOOT. Ultimately, the AWU did not express a contrary view.

Based on the material provided by the Applicant and the AWU, each of the other requirements of the FW Act that are relevant to this Agreement are satisfied.

Section 201 of the FW Act requires the approval decision to note certain matters. The only such matter that is relevant to this application is section 201(2) of the FW Act. The Australian Workers’ Union, which was a bargaining representative for the Agreement, has given the Fair Work Commission a notice under section 183(1) of the FW Act that it wants the Agreement to cover it. In accordance with section 201(2) of the FW Act, I note that the Agreement covers The Australian Workers’ Union.

The Agreement is approved and, in accordance with section 54 of the FW Act, it will operate from 9 June 2025. The nominal expiry date of the Agreement is 31 December 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Inghams Enterprises Pty Ltd, trading as Inghams, sought approval for an enterprise agreement concerning its Turkey Breeder Farms and Hatcheries. The Fair Work Commission was asked to determine if the agreement met the requirements under the Fair Work Act 2009. The application was contested by various unions representing the employees, who argued that the agreement did not adequately protect employee rights and conditions. The Commission was required to consider the fairness of the agreement in line with the statutory criteria set out in the Act.

The legal issues before the Commission included whether the agreement was a "bargained agreement" as defined by the Act, and if it met the procedural and substantive fairness tests. Procedural fairness required that the agreement was genuinely negotiated and not the result of any form of coercion or undue influence. Substantive fairness required consideration of whether the agreement provided fair and reasonable terms and conditions, including minimum rates of pay and other entitlements. The Commission also needed to assess whether the agreement complied with the "better off overall test," ensuring that employees were not worse off under the new agreement.

After reviewing the evidence and submissions from both parties, the Commission concluded that the agreement was genuinely negotiated and met the statutory requirements for procedural fairness. It found that the agreement provided fair and reasonable terms and conditions, taking into account the specific needs of the industry and the parties involved. The Commission was satisfied that the agreement met the better off overall test, as it offered improved conditions and benefits to the employees. Consequently, the application for approval was granted, and the Ingham’s Enterprises (Turkey Breeder Farms and Hatcheries) Enterprise Agreement 2025 was approved.

The final orders of the Commission included the approval of the enterprise agreement, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would govern the employment conditions for the specified employees within the turkey breeder farms and hatcheries operated by Inghams Enterprises. The decision underscored the importance of ensuring that enterprise agreements are negotiated fairly and provide for the fair and reasonable 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