Steggles Foods Products Pty Limited
[2024] FWCA 2968
•12 AUGUST 2024
| [2024] FWCA 2968 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Steggles Foods Products Pty Limited
(AG2024/2737)
STEGGLES BERESFIELD SITE (MAINTENANCE EMPLOYEES) ENTERPRISE AGREEMENT 2024 - 2028
| Poultry processing | |
| DEPUTY PRESIDENT ROBERTS | SYDNEY, 12 AUGUST 2024 |
Application for approval of the Steggles Beresfield Site (Maintenance Employees) Enterprise Agreement 2024 - 2028
An application has been made for approval of an enterprise agreement known as the Steggles Beresfield Site (Maintenance Employees) Enterprise Agreement 2024 - 2028 (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 Products Pty Limited (the Applicant). The Agreement covers the Applicant and Bartter Enterprises Pty Ltd (Bartter). The Commission was advised that the Applicant and Bartter are related employers within the meaning of s.172(5A) of the Act. The Agreement is a single enterprise agreement.
The Notice of Employee Representational Rights (NERR) issued to employees at the notification time was in a form previously prescribed by the Fair Work Regulations 2009. I am satisfied that this is a minor technical error and that employees were not disadvantaged by the error. I propose to disregard the error under s.188(5) of the Act.
The Applicant has provided written undertakings. In accordance with s.190(4) of the Act the views of the bargaining representatives for the Agreement were sought. 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.
Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as is relevant to this application for approval has been met. The undertakings are taken to be a term of the Agreement.
Noting clause 5.3 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.
The Communications, Electrical, Electronic, Energy, Information Postal, Plumbing and Allied Services Union of Australia, Electrical Division (CEPU) and the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, known as the Australian Manufacturing Workers’ Union (AMWU) each lodged a Form F18 statutory declaration giving notice under s.183 of the Act that they want the Agreement to cover their respective unions. In accordance with s.201(2) of the Act, I note the Agreement covers the CEPU and the AMWU.
The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 12 March 2028.
.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE525777 PR778231>
Annexure A
0
0
0