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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of an application for the approval of the lnghams Enterprises (Osborne Park & Hazelmere) Enterprise Agreement 2020, the application was heard in the Fair Work Commission. The applicant, lnghams Enterprises, sought approval for the agreement which covers employees at its Osborne Park and Hazelmere sites. The application was opposed by the Liquor, Hospitality and Miscellaneous Workers Union, which argued that the agreement did not adequately address several key issues concerning employee conditions.

The central legal issue before the Commission was whether the enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement fairly reflected the balance of workplace rights and obligations, and if it provided for a fair process to address employee concerns. The Commission also had to consider whether the agreement met the "better off overall test" and if it was free from any illegal content.

The Commission found that the enterprise agreement contained provisions that were fair and reasonable, reflecting an appropriate balance of rights and obligations. The Commission acknowledged the efforts made by both parties to reach a consensus and highlighted the inclusion of mechanisms for resolving disputes. Despite some minor shortcomings, the Commission concluded that the agreement was overall beneficial to the employees, satisfying the "better off overall test." The Commission approved the agreement, noting that while it contained some areas for improvement, it was fair and met the legislative standards for approval.

The Fair Work Commission approved the lnghams Enterprises (Osborne Park & Hazelmere) Enterprise Agreement 2020, subject to the terms and conditions set out in the decision. The approval was based on the finding that the agreement was fair and met the statutory requirements under the Fair Work Act 2009. The decision included specific directions to address identified issues, ensuring the agreement would operate effectively within the legal framework.

lnghams Enterprises Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established