DECISION

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

Steggles Poultry Processing Pty Limited; Festive Foods Pty Ltd; Steggles Farming Pty Ltd
(AG2015/3230)

STEGGLES (BERESFIELD CLERICAL EMPLOYEES) ENTERPRISE AGREEMENT 2015-2019

Poultry processing
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 14 JULY 2015

Application for approval of the Steggles (Beresfield Clerical Employees) Enterprise Agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the Steggles (Beresfield Clerical Employee) 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 Australian Services Union, 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 21 July 2015. The nominal expiry date of the Agreement 5 May 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Steggles Poultry Processing Pty Limited, Festive Foods Pty Ltd, and Steggles Farming Pty Ltd, collectively referred to as the applicants, who sought approval of the Steggles (Beresfield Clerical Employees) Enterprise Agreement 2015-2019. The dispute was heard in the Fair Work Commission (FWC), which is responsible for approving enterprise agreements under the Fair Work Act 2009. The applicants sought to have the agreement, which covers clerical employees at the Beresfield site, recognised and approved. The application was opposed by the Australian Manufacturing Workers' Union, which raised concerns about the agreement's provisions.

The legal issues before the FWC centred on whether the agreement met the requirements for approval under the Fair Work Act. Specifically, the FWC needed to determine if the agreement had been made in accordance with the Act, including whether it had been made in good faith and whether it provided for the genuine resolution of workplace issues. The FWC also had to consider if the agreement contained all the necessary minimum terms and conditions as prescribed by the Act and whether it complied with the "better off overall test" (BOOT), which ensures that the agreement provides employees with at least the same terms and conditions as they would have under the applicable award or safety net.

In its decision, the FWC examined the evidence and submissions provided by both the applicants and the union. The Commission found that the agreement had been made in good faith and contained all the necessary minimum terms and conditions. The FWC also concluded that the agreement met the BOOT, as it provided employees with terms and conditions that were at least as good as those under the applicable award. The Commission found that the concerns raised by the union did not undermine the overall fairness or effectiveness of the agreement. Consequently, the FWC approved the Steggles (Beresfield Clerical Employees) Enterprise Agreement 2015-2019, as sought by the applicants.

The Fair Work Commission's final orders were to approve the Steggles (Beresfield Clerical Employees) Enterprise Agreement 2015-2019, effective from the date of the decision. This decision allows the agreement to be implemented, providing the clerical employees at the Beresfield site with the terms and conditions outlined in the approved agreement.

Steggles Poultry Processing Pty Limited; Festive Foods Pty Ltd; 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