DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Steggles Farming Pty Ltd
(AG2015/3136)

STEGGLES FARMING PTY LIMITED (BERESFIELD FEEDMILL) ENTERPRISE AGREEMENT 2015-2019

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 8 JULY 2015

Application for approval of the Steggles Farming Pty Limited (Beresfield Feedmill) Enterprise Agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as Steggles Farming Pty Limited (Beresfield Feedmill) Enterprise Agreement 2015-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The National Union of Workers, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 15 July 2015. The nominal expiry date of the Agreement is 24 March 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Steggles Farming Pty Ltd, a poultry farming company, was involved in a dispute over the approval of their Enterprise Agreement for the period 2015-2019. The application for approval was made by the company to the Fair Work Commission. The matter was brought before the Fair Work Commission by Steggles Farming, and the Commission was required to decide whether the proposed agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed enterprise agreement complied with the provisions of the Fair Work Act, particularly focusing on whether the agreement had been fairly and genuinely negotiated and whether it contained the mandatory terms and conditions required by the Act. The Commission examined whether the agreement was made in good faith, whether it was properly negotiated, and whether it adhered to the requirements of the safety net provisions and other legislative mandates.

In delivering its decision, the Fair Work Commission found that the proposed agreement was made in good faith and had been genuinely negotiated between the parties. The Commission confirmed that the agreement contained all the mandatory terms and conditions as required by the Fair Work Act. The Commission also took into account the safety net provisions and the need for the agreement to be no less favourable than the applicable award or safety net award. Based on these findings, the Commission approved the enterprise agreement.

The Fair Work Commission granted approval for the Steggles Farming Pty Limited (Beresfield Feedmill) Enterprise Agreement 2015-2019, finding that it met all the statutory requirements and was fairly and genuinely negotiated. This approval allows the agreement to become operational and binding on the parties involved.

Steggles Farming Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established