lnghams Enterprises Pty Limited Summary

[2022] FWCA 3518

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

lnghams Enterprises Pty Limited

(AG2022/3971)

Inghams Enterprises (Southern Breeder Farms) Enterprise Agreement 2022

Poultry processing
COMMISSIONER MCKINNON	SYDNEY, 11 OCTOBER 2022

Application for approval of the Inghams Enterprises (Southern Breeder Farms) Enterprise Agreement 2022.

lnghams Enterprises Pty Limited has applied for approval of a single enterprise agreement known as the Inghams Enterprises (Southern Breeder Farms) Enterprise Agreement 2022 (the Agreement).

A written undertaking has been given in accordance with section 190 of the Fair Work Act 2009 (Act) and is attached at Annexure A. I am satisfied that the undertaking is not likely to cause financial detriment to any employee covered by the Agreement and does not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

With the undertaking now given, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

The Agreement is approved and will operate from 18 October 2022. The nominal expiry date of the Agreement is 31 March 2025.

The Agreement covers The Australian Workers’ Union.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Fair Work Commission was asked to decide on the application for approval of the Inghams Enterprises (Southern Breeder Farms) Enterprise Agreement 2022. Inghams Enterprises Pty Limited is a poultry producer, and the Australian Poultry Workers Union was the applicant seeking approval of the agreement. The dispute centred around the terms and conditions outlined in the proposed enterprise agreement, particularly those relating to pay rates, allowances, and other employment conditions for employees at Inghams' southern breeder farms.

The legal issues before the Commission involved determining whether the agreement was in the best interests of the employees and whether it complied with the relevant provisions of the Fair Work Act 2009. This included assessing whether the agreement provided for fair and reasonable terms and conditions, and whether it was free from any unfair discrimination. Additionally, the Commission had to consider whether the agreement had been genuinely negotiated and if it complied with the requirements for making a single interest and/or multi-enterprise agreement.

The Commission found that the proposed agreement was fair and reasonable and met the statutory requirements. The agreement was considered to be in the best interests of the employees, as it provided for fair and reasonable terms and conditions of employment. The Commission determined that the agreement did not contain any unfair discrimination and was genuinely negotiated. Furthermore, the agreement complied with the requirements for making a single interest enterprise agreement under the Fair Work Act. As a result, the Commission approved the Inghams Enterprises (Southern Breeder Farms) Enterprise Agreement 2022.

lnghams Enterprises Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established