Inghams Enterprises Pty Ltd Trading AS Inghams

[2025] FWCA 1848

[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

1. 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.

1. 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.

1. 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.

1. 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.

1. 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

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