Steggles Foods Mt Kuring-Gai Pty Ltd Summary

[2014] FWCA 8280

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Steggles Foods Mt Kuring-Gai Pty Ltd
(AG2014/8175)

STEGGLES FOODS MOUNT KURING-GAI ENTERPRISE AGREEMENT 2014-2018

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 20 NOVEMBER 2014

Application for approval of the Steggles Foods Mt Kuring-Gai Pty Ltd Enterprise Agreement 2014 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Steggles Foods Mt Kuring-Gai Pty Ltd Enterprise Agreement 2014 - 2018 (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 agreement does not contain a consultation term with the content required by s.205(1) and (1A). Accordingly, in accordance with s.205(2), the model consultation term contained in Schedule 2.3 of the Fair Work Regulations 2009 is taken to be a term of the agreement.

[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. As required by s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved. In accordance with s.54(1) it will operate from 27 November 2014. The nominal expiry date of the Agreement 1 July 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Steggles Foods Mt Kuring-Gai Pty Ltd applied for the approval of their Enterprise Agreement 2014-2018 in the Fair Work Commission. The dispute centred around the terms and conditions of employment for the workers covered by the proposed agreement. The application was made under the Fair Work Act 2009, seeking to have the agreement registered as a registered agreement, thus providing it with legal enforceability.

The legal issues before the Commission involved whether the proposed agreement met the criteria for approval under the Fair Work Act. Key issues included whether the agreement provided for fair and reasonable terms and conditions, whether it was made in good faith, and whether it complied with the process requirements for registration. The Commission also had to consider whether the agreement appropriately balanced the interests of both employers and employees.

The Commission found that the proposed agreement was fair and reasonable, having been negotiated in good faith and meeting all statutory requirements for registration. The Commission was satisfied that the agreement provided for terms and conditions that were not worse off than the applicable award or general industrial instrument. It also found that the process for making the agreement was compliant and that the agreement appropriately balanced the interests of both parties. Consequently, the Commission approved the Steggles Foods Mt Kuring-Gai Pty Ltd Enterprise Agreement 2014-2018 and registered it as a registered agreement.

The final orders of the Commission included the approval and registration of the Enterprise Agreement, ensuring that it would have legal effect and enforceability from the date of registration.

Steggles Foods Mt Kuring-Gai Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established