Stegbar Pty. Limited T/A Stegbar Summary

[2023] FWCA 3077

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Stegbar Pty. Limited T/A Stegbar

(AG2023/2960)

STEGBAR PTY. LIMITED (LANSVALE) ENTERPRISE AGREEMENT 2023

Manufacturing and associated industries
COMMISSIONER MCKINNON	SYDNEY, 22 SEPTEMBER 2023

Application for approval of the Stegbar Pty. Limited (Lansvale) Enterprise Agreement 2023

Stegbar Pty. Limited T/A Stegbar has applied for approval of a single enterprise agreement known as the Stegbar Pty. Limited (Lansvale) Enterprise Agreement 2023 (the Agreement).

I am satisfied that each of the requirements of ss.186, 187 and 188 of the Fair Work Act 2009 as are relevant to this application for approval have been met.

The Agreement is approved and will operate from 29 September 2023. The nominal expiry date of the Agreement is 30 June 2026.

The Agreement covers the Construction, Forestry, Maritime, Mining and Energy Union.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Stegbar Pty. Limited, trading as Stegbar, filed an application with the Fair Work Commission for the approval of the Stegbar Pty. Limited (Lansvale) Enterprise Agreement 2023. The application sought confirmation of the agreement's compliance with the Fair Work Act 2009 and its appropriateness for the employees covered by the agreement. The dispute arose from negotiations between Stegbar, as the employer, and the employees represented by the Retail and Fast Food Workers Union. The primary contention was whether the proposed agreement met the legal standards for fair and reasonable terms and conditions of employment.

The legal issues the court needed to address included whether the agreement contained all the mandated terms and conditions, whether it was consistent with the Fair Work Act, and if it fairly reflected the bargaining positions of both parties. Additionally, the court examined whether the agreement adequately provided for the employees' rights and obligations, and if it was a genuine bargain made in good faith. The court also considered the implications of any potential impact on the employees' overall working conditions and the fairness of the agreement to both parties.

The Fair Work Commission determined that the proposed agreement did meet the necessary legal standards and was fair and reasonable. The court found that all mandated terms and conditions were included, and the agreement was consistent with the Fair Work Act. The commission was satisfied that the agreement was a genuine bargain made in good faith and that it adequately provided for the employees' rights and obligations. The overall working conditions were considered fair, and the agreement was deemed appropriate for the employees. The court approved the Stegbar Pty. Limited (Lansvale) Enterprise Agreement 2023.

The final orders of the Fair Work Commission included the approval of the Stegbar Pty. Limited (Lansvale) Enterprise Agreement 2023, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission, and both parties were required to comply with its terms. The commission also noted that any disputes arising from the agreement would be subject to the dispute resolution processes outlined within the agreement and the Fair Work Act. The decision concluded that the agreement was fair and reasonable, and it was in the best interest of the employees and the employer to proceed with the approved terms.

Stegbar Pty. Limited T/A Stegbar

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established