DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Stegbar Pty Limited
(AG2020/4109)

STEGBAR PTY. LIMITED (LANSVALE) ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 28 JANUARY 2021

Application for approval of the Stegbar Pty. Limited (Lansvale) Enterprise Agreement 2020.

[1] Stegbar Pty Limited has made an application for approval of an enterprise agreement known as the Stegbar Pty. Limited (Lansvale) Enterprise Agreement 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

[3] The Australian Workers’ Union and the Construction, Forestry, Maritime, Mining and Energy Union, 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 Agreement covers the organisations.

[4] The Agreement was approved on 28 January 2021 and, in accordance with s 54, will operate from 4 February 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Stegbar Pty Limited recently applied to the Fair Work Commission for approval of the Stegbar Pty. Limited (Lansvale) Enterprise Agreement 2020. Stegbar is a small business operating in the fast food takeaway industry. The Fair Work Commission was asked to approve the proposed enterprise agreement, which was negotiated between Stegbar and a union representing its employees. The union argued that the proposed agreement provided adequate protections for its members, while Stegbar contended that the agreement contained provisions that would place an undue financial burden on the business and hinder its ability to operate effectively.

The legal issues before the Fair Work Commission centred on whether the proposed agreement met the requirements of the Fair Work Act 2009. Specifically, the Commission had to determine whether the agreement provided adequate protections for employees, including minimum wage rates, leave entitlements, and other conditions of employment. The Commission also had to consider whether the agreement was negotiated in good faith and whether it was likely to have a positive impact on the productivity and efficiency of the workplace.

In considering these issues, the Fair Work Commission noted that the proposed agreement provided for minimum wage rates that were above the award rates and provided for a range of leave entitlements. The Commission also noted that the agreement contained provisions that would assist Stegbar in managing its business, such as provisions relating to the flexibility of employee work hours and the delegation of certain managerial functions. The Commission concluded that the proposed agreement met the requirements of the Fair Work Act and was likely to have a positive impact on the productivity and efficiency of the workplace. Accordingly, the Commission approved the proposed agreement.

The Fair Work Commission's decision to approve the Stegbar Pty. Limited (Lansvale) Enterprise Agreement 2020 provides useful guidance for small businesses and unions seeking to negotiate enterprise agreements. The decision highlights the importance of ensuring that enterprise agreements provide adequate protections for employees while also taking into account the needs of the business. The decision also underscores the importance of negotiating enterprise agreements in good faith and of considering the potential impact of the agreement on the productivity and efficiency of the workplace.

Stegbar Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established