Inghams Enterprises T/A Inghams Summary

[2024] FWCA 4237

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Inghams Enterprises T/A Inghams

(AG2024/4193)

INGHAMS ENTERPRISES (QUEENSLAND PROCESSING AND DISTRIBUTION) ENTERPRISE AGREEMENT 2024

Poultry processing
DEPUTY PRESIDENT BOYCE	SYDNEY, 2 DECEMBER 2024

Application for approval of the Inghams Enterprises (Queensland Processing & Distribution) Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement to be known as the Inghams Enterprises (Queensland Processing & Distribution) Enterprise Agreement 2024 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Inghams Enterprises T/A Inghams (Employer). The Agreement is a single enterprise agreement.

Undertakings

The Employer has provided written undertakings dated 28 November 2024. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Poultry Processing Award 2020 and that the undertakings will not result in substantial changes to the Agreement.

Coverage of employee organisation(s)

The Australasian Meat Industry Employees Union (AMIEU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

Workplace delegates’ rights clause

Pursuant to s.205A(2) of the Act, the workplace delegates’ rights term prescribed by the Poultry Processing Award 2020 is taken to be a term of the Agreement.

Conclusion
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act, as are relevant to this application for approval, have been met.

I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 December 2024. The nominal expiry date of the Agreement is 30 June 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Inghams Enterprises Trading as Inghams, seeking approval of the Inghams Enterprises (Queensland Processing & Distribution) Enterprise Agreement 2024. The primary issue at hand was whether the agreement met the statutory requirements under the Fair Work Act 2009, particularly with regard to the provisions concerning pay equity, working conditions, and dispute resolution mechanisms. The application was brought forward by the employer to ensure that the terms of the agreement would be legally enforceable and aligned with the principles of industrial fairness and compliance with the relevant labour laws.

The legal issues the court had to address included whether the agreement provided adequate protections for employees, including minimum wage rates, penalty rates, and conditions of employment, in line with the provisions of the Act. Additionally, the court had to determine if the dispute resolution procedures outlined in the agreement were sufficient to facilitate fair and timely resolution of any employment-related disputes. Furthermore, the court examined whether the agreement was made in good faith and whether it complied with the requirements of the Fair Work (Registered Organisations) Act 2009 concerning the registration of bargaining agents.

In reaching its decision, the Fair Work Commission considered the submissions from both parties, including evidence of the bargaining process and the contents of the agreement. The Commission found that the agreement satisfied the necessary criteria under the Fair Work Act 2009, including the provision of fair and reasonable terms and conditions of employment. The Commission was satisfied that the agreement included adequate provisions for pay equity and working conditions, and that the dispute resolution mechanisms were appropriate for the context. The Commission concluded that the agreement was made in good faith and complied with the requirements of the relevant legislation, thereby approving the Inghams Enterprises (Queensland Processing & Distribution) Enterprise Agreement 2024.

Inghams Enterprises T/A Inghams

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established