Stegbar Pty Ltd Summary

[2021] FWCA 6907

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Stegbar Pty Ltd

(AG2021/8491)

Stegbar (Smithfield NSW) Enterprise Agreement 2021

Timber and paper products industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 30 NOVEMBER 2021

Application for approval of the Stegbar (Smithfield NSW) Enterprise Agreement 2021

An application has been made for approval of an enterprise agreement known as the Stegbar (Smithfield NSW) Enterprise Agreement 2021 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

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

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

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 7 December 2021. The nominal expiry date of the Agreement is 31 May 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, Stegbar Pty Ltd, sought approval of an enterprise agreement with their employees under the Fair Work Act 2009. The application was heard by the Fair Work Commission, with Deputy President A.J. Thompson presiding. The dispute centred on whether the proposed agreement met the criteria for registration under the Act.

The legal issues before the Commission were whether the agreement was made in accordance with the procedural requirements of the Act, and whether it contained the mandated minimum terms and conditions. Stegbar argued that the agreement was fairly negotiated and met all the legislative requirements. The Commission had to determine if the agreement was genuinely negotiated and whether it contained the mandated minimum terms and conditions.

In delivering the decision, Deputy President Thompson found that the agreement had been fairly negotiated and contained all the required minimum terms and conditions. The Deputy President considered the evidence of the negotiations, the nature of the bargaining process, and the content of the agreement. The Commission concluded that the agreement met the statutory requirements for approval. The Deputy President approved the application and registered the enterprise agreement.

The final orders of the Commission were that the Stegbar (Smithfield NSW) Enterprise Agreement 2021 be approved and registered under section 234 of the Fair Work Act 2009.

Stegbar Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established