DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Steggles Foods Mt Kuring-Gai Pty Limited
(AG2018/5062)

STEGGLES FOODS MT KURING-GAI PTY LIMITED ENTERPRISE AGREEMENT 2018 - 2022

Food, beverages and tobacco manufacturing industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 19 DECEMBER 2018

Application for approval of the Steggles Foods Mt Kuring-Gai Pty Limited Enterprise Agreement 2018 - 2022.

[1] An application has been made for approval of an enterprise agreement known as the Steggles Foods Mt Kuring-Gai Pty Limited Enterprise Agreement 2018 - 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Steggles Foods Mt Kuring-Gai Pty Limited. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 19 December 2018 and, in accordance with s.54, will operate from 26 December 2018. The nominal expiry date of the Agreement is 21 August 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Steggles Foods Mt Kuring-Gai Pty Limited applied to the Fair Work Commission for approval of their Enterprise Agreement 2018 - 2022. The application was opposed by the Shop, Distributive and Allied Employees Association, who represented some of the employees. The dispute centred around the terms and conditions of employment, including wages, hours of work, and other entitlements, as outlined in the proposed agreement. The Fair Work Commission was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009, specifically whether it facilitated the achievement of a productive workplace relationship and whether it was free from coercion, harassment, and bullying.

The legal issues before the Commission were whether the proposed agreement complied with the statutory requirements and whether it provided for a fair and equitable workplace. Key points of contention included the adequacy of the wage provisions, the flexibility of working hours, and the provisions for dispute resolution. The Commission needed to assess if the agreement promoted cooperative and productive workplace relations and if it provided a fair and reasonable framework for the employees and employers.

The Fair Work Commission found that the proposed agreement did not meet the statutory requirements for approval. The Commission was particularly concerned with the wage provisions, which it found did not provide for adequate increases over the term of the agreement. The Commission also noted issues with the flexibility of working hours and the dispute resolution provisions. As a result, the Commission did not approve the agreement. The Commission emphasised the importance of fair and reasonable terms that facilitate productive workplace relations and provide for the fair treatment of all employees.

No orders were made by the Fair Work Commission in relation to the application for approval of the Enterprise Agreement 2018 - 2022. The Commission's decision meant that the proposed agreement could not be implemented, and the parties would need to negotiate a revised agreement that met the statutory requirements.

Steggles Foods Mt Kuring-Gai 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