Inghams Enterprises Trading AS Inghams Enterprises Pty Limited

[2025] FWCA 3221

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Inghams Enterprises Trading AS Inghams Enterprises Pty Limited

(AG2025/3059)

INGHAMS ENTERPRISES (HEMMANT AND WACOL FEEDMILLS) ENTERPRISE AGREEMENT 2024

Poultry processing
COMMISSIONER SIMPSON	BRISBANE, 23 SEPTEMBER 2025

Application for approval of the Inghams Enterprises (Hemmant and Wacol Feedmills) Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Inghams Enterprises (Hemmant and Wacol Feedmills) Enterprise Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Inghams Enterprises Trading AS Inghams Enterprises Pty Limited (the Applicant). The Agreement is a single enterprise agreement.

I note that there was a minor discrepancy between the title of the proposed agreement in the Notice of Employee Representational Rights (NERR) and the Agreement. I regard this as a minor technical error within the meaning of s.188(5). I am satisfied that the employees were not likely to have been disadvantaged by the error and that the error can therefore be disregarded under that section.

The Applicant has provided written undertakings. 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss.186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

Pursuant to s.205A(2) of the Act, the workplace delegates’ rights term prescribed by the Food, Beverage and Tobacco Manufacturing Award 2020 is taken to be a term of the Agreement.

The Australian Workers’ Union (AWU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the AWU.

The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Inghams Enterprises Trading as Inghams Enterprises Pty Limited, the Fair Work Commission (FWC) was presented with an application for the approval of a proposed enterprise agreement, known as the Inghams Enterprises (Hemmant and Wacol Feedmills) Enterprise Agreement 2024. The application involved the terms and conditions of employment for employees at the Hemmant and Wacol feedmills operated by Inghams Enterprises. The primary concern was whether the proposed agreement met the legal requirements under the Fair Work Act 2009 for a registered enterprise agreement.

The key legal issues before the FWC were whether the proposed agreement provided for the employees’ terms and conditions of employment in a fair and reasonable manner, and whether it complied with the procedural requirements set out in the Fair Work Act. Specifically, the FWC needed to determine if the agreement was made in good faith, if it was certified by an independent certifier, and if it met the statutory requirements concerning the bargaining process and the content of the agreement. The FWC also had to consider whether the agreement adequately provided for the employees' pay and conditions.

In making its decision, the FWC thoroughly examined the evidence and submissions provided by both Inghams Enterprises and the relevant employee representatives. The FWC found that the agreement was made in good faith and that the process of negotiation and consultation was compliant with the legal requirements. The FWC also confirmed that the agreement contained all the mandatory terms prescribed by the Fair Work Act and that it provided for the employees' pay and conditions in a fair and reasonable manner. Based on these findings, the FWC approved the proposed agreement.

Consequently, the FWC issued its decision approving the Inghams Enterprises (Hemmant and Wacol Feedmills) Enterprise Agreement 2024. The agreement was registered, and it became a legally binding contract governing the employment terms and conditions of the employees at the Hemmant and Wacol feedmills.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established