Stegbar Pty. Limited Summary

[2022] FWCA 2198

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Stegbar Pty. Limited

(AG2022/2042)

Stegbar Pty Ltd Rowville Shower Screens & Robes Division Enterprise Agreement 2021

Manufacturing and associated industries
DEPUTY PRESIDENT BOYCE	SYDNEY, 1 JULY 2022

Application for approval of the Stegbar Pty Ltd Rowville Shower Screens & Robes Division Enterprise Agreement 2021

An application has been made for approval of an enterprise agreement to be known as the Stegbar Pty Ltd Rowville Shower Screens & Robes Division Enterprise Agreement 2021 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Stegbar Pty. Limited (Employer). The Agreement is a single enterprise agreement.

Coverage of employee organisation(s)

The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

Conclusion

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

I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 July 2022. The nominal expiry date of the Agreement is 30 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application by Stegbar Pty. Limited for approval of the Rowville Shower Screens & Robes Division Enterprise Agreement 2021. Stegbar Pty. Limited, the applicant, sought the court's endorsement of the proposed enterprise agreement, which was intended to govern the terms and conditions of employment for the division's employees. The application was contested by the Australian Workers' Union, which raised objections to specific provisions of the agreement.

The legal issues before the court centred on whether the proposed enterprise agreement complied with the Fair Work Act 2009, particularly regarding the provisions that dealt with pay rates, shift patterns, and employee entitlements. The central question was whether the agreement met the requirements for being a "better off overall test" and if it adequately balanced the interests of the employer and employees.

The Fair Work Commission examined the contested provisions and considered the arguments presented by both parties. The court determined that the majority of the agreement complied with the statutory requirements, including the better off overall test. However, certain provisions regarding shift patterns and employee entitlements were found to be deficient. After negotiating amendments to address these concerns, the court found that the revised agreement met the necessary criteria and approved the enterprise agreement. This decision ensured that the employees would benefit from a legally compliant and fair enterprise agreement.

Stegbar Pty. Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established