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[8]
austlii:cth/FWCA/2025/2405
General information, not legal advice.
FWCA
2025-07-21
Original judgment source is linked above.
s 185 - Enterprise agreement
INGHAMS ENTERPRISES (WA HATCHERY) ENTERPRISE AGREEMENT 2025
Application for approval of the Inghams Enterprises (WA Hatchery) Enterprise Agreement 2025.
[1] Inghams Enterprises Pty Ltd (the Applicant) has made an application for the approval of an enterprise agreement known as the Inghams Enterprises (WA Hatchery) Enterprise Agreement 2025 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.
[2] On the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187 and 188 of the Act as are relevant to this application for approval have been met.
[3] I note that the following clauses in the Agreement appear to be inconsistent with the National Employment Standards (the NES):
(a) Clause 5.7(3) provides that that the employer may substitute a public holiday for another day. This appears to be inconsistent with s 115(3) of the Act, which provides that the substitution of a public holiday with another day may only occur by agreement between the employer and an individual employee. It appears the Agreement does not specify there must be agreement.
(b) Clause 7.6 provides a mechanism for the employer to terminate the employee when they have abandoned their employment. It states that in the event an employee is absent from work for 3 consecutive days, the company may consider the employee has abandoned their employment. Further, if within 7 days from that point the employee has not satisfied the company there was a reasonable excuse, the abandonment will take effect from the first day of absence. In light of the decision in Bienias v Iplex Pipelines Australia Pty Limited [2017] FWCFB 38 at [58], it is unclear whether the employer is required to make reasonable steps to contact the employee, allowing sufficient time to respond (or provide notice of termination).
[4] However, I am satisfied that under clause 1.8 of the Agreement, the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
[5] The "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union and the United Workers' Union (UWU) (together, the organisations), 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), and based on the declarations provided by the organisations, I note that the organisations are covered by the Agreement.
[6] The Agreement was approved on 21 July 2025 and, in accordance with s 54, will operate from 28 July 2025. The nominal expiry date of the Agreement is 30 June 2028.
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