Steggles Foods Mt Kuring-Gai Pty Ltd

[2022] FWCA 3814

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Steggles Foods Mt Kuring-Gai Pty Ltd

(AG2022/4319)

Steggles Foods Mt Kuring-Gai Pty Limited Enterprise Agreement 2022 - 2026

Manufacturing and associated industries
DEPUTY PRESIDENT BOYCE	SYDNEY, 31 OCTOBER 2022

Application for approval of the Steggles Foods Mt Kuring-Gai Pty Limited Enterprise Agreement 2022 – 2026.

An application has been made for approval of an enterprise agreement to be known as the Steggles Foods Mt Kuring-Gai Pty Limited Enterprise Agreement 2022 – 2026 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Steggles Foods Mt Kuring-Gai Pty Ltd (Employer). The Agreement is a single enterprise agreement.

Undertakings

The Employer has provided written undertakings dated 28 October 2022. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Manufacturing and Associated Industries and Occupations Award 2020 and Poultry Processing Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

Coverage of employee organisation

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 to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

Conclusion

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 November 2022. The nominal expiry date of the Agreement is 27 September 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Steggles Foods Mt Kuring-Gai Pty Ltd applied to the Fair Work Commission for approval of a proposed enterprise agreement for the period 2022 to 2026. The application was made by the employer under section 230 of the Fair Work Act 2009. The employees were represented by the Food and Allied Industry Workers Union. The nature of the dispute was to determine whether the proposed agreement met the requirements of the Act and could be approved by the Commission.

The legal issues before the Commission were whether the proposed agreement provided for the minimum terms and conditions as required by section 234 of the Act, and whether the agreement was in the best interests of the employees. The Commission had to consider whether the agreement provided for appropriate mechanisms for the resolution of workplace disputes, and whether the agreement contained terms that were contrary to public policy.

The Commission found that the proposed agreement met the requirements of the Act and was in the best interests of the employees. The agreement provided for the minimum terms and conditions as required by the Act, including provisions for minimum wages, penalty rates, leave entitlements and dispute resolution mechanisms. The Commission also found that the agreement contained no terms that were contrary to public policy. The Commission approved the proposed agreement, which will now apply to the employees covered by the agreement for the period 2022 to 2026.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established