Application for approval of the Inghams Enterprises (Thomastown Maintenance) Enterprise Agreement 2025

[1] An application has been made for approval of an enterprise agreement known as the Inghams Enterprises (Thomastown Maintenance) Enterprise Agreement 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ingham's Enterprises Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Australian Manufacturing Workers Union (AMWU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 February 2026. The nominal expiry date of the Agreement is 31 July 2028.

[5] The Agreement was one of many that had been made prior to the decision of the Full Court of the Federal Court in CFMEU v. AI Group[1], which is material to the question of what constitutes a delegates' rights term within the meaning of the Act. The parties were in invited to consider the amendments that were necessary to bring their Agreement into conformity with the requirements of a delegates' right term as elucidated by the Court, on the basis that I considered that the areas of concern I had identified were defects that were amendable to being addressed by a variation made under section 218A of the Act.

[6] There is no doubt that there is a capacity to vary the agreement prior to its approval and in conjunction with the approval decision.[2] The variations in this case were the subject of some correspondence between my Chambers and the parties and reflect an agreed position between the bargaining representatives to amend clause 6.7 of the Agreement. I am satisfied they address the defect identified and are appropriate in the circumstances.

[7] A copy of the amendments made to clause 6.7 is attached below at Annexure A.

[8] I am satisfied that the amendments to clause 6.7 of the Agreement should be made and that it is appropriate to do so pursuant to section 218A of the Act. The amendments to clause 6.7 are made in accordance with a corrected copy of the Agreement, filed by the Employer on 6 February 2026. The Agreement attached to this Decision is the Agreement as varied and will operate from 19 February 2026.

[1] [2025] FCAFC 187

[2] BHP Coal Ltd [2023] FWCA 115, Buller Ski Lifts Pty Ltd [2023] FWCA 844, Gippsland NDT Services [2024] FWCA 3838.

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