austlii:cth/FWCA/2025/2693
General information, not legal advice.
FWCA
2025-08-12
Original judgment source is linked above.
s.185 - Application for approval of a single-enterprise agreement
Inghams Enterprises Pty Limited Trading AS Inghams Group Ltd
INGHAMS ENTERPRISES (EDINBURGH PARKS) ENTERPRISE AGREEMENT 2025
Application for approval of the Inghams Enterprises (Edinburgh Parks) Enterprise Agreement 2025
[1] Inghams Group Ltd (ABN: 20 008 447 345) has applied for approval of an enterprise agreement known as the Inghams Enterprises (Edinburgh Parks) Enterprise Agreement 2025 under s 185 of the Fair Work Act 2009 (Cth).
[2] The Agreement is a single enterprise agreement.
[3] I observe that the following clauses are likely to be inconsistent with the National Employment Standards:
Clause 6.2 - Maximum weekly hours
Clause 7.7(3) - Public holiday substitution
[4] Clause 1.5 of the Agreement gives precedence to the NES, and I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
[5] The Employer 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.
[6] Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 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.
[7] The United Workers' Union (UWU) 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 UWU.
[8] The Agreement is approved and, in accordance with s 54 of the Act, will operate from 19 August 2025.
[9] In accordance with clause 1.4, the nominal expiry date of the Agreement is 31 March 2028.
Printed by authority of the Commonwealth Government Printer
