lnghams Enterprises Pty Limited

[2021] FWCA 828

[2021] FWCA 828

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

lnghams Enterprises Pty Limited
(AG2021/31)

LNGHAMS ENTERPRISES (OSBORNE PARK & HAZELMERE) ENTERPRISE AGREEMENT 2020

Poultry processing
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 17 FEBRUARY 2021

Application for approval of the lnghams Enterprises (Osborne Park & Hazelmere) Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the lnghams Enterprises (Osborne Park & Hazelmere) Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by lnghams Enterprises Pty Limited. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure 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. Pursuant to s.201(3), the undertakings are taken to be a term of the Agreement.

[3] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and United Workers’ Union (UWU) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement was approved on 17 February 2021 and, in accordance with s.54, will operate from 24 February 2021. The nominal expiry date of the Agreement is 12 January 2023.

COMMISSIONER

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Annexure A