Steggles Pty Limited

[2022] FWCA 3179

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.210—Enterprise agreement

Steggles Pty Limited

(AG2022/3699)

Steggles Pty Ltd Cardiff Feedmill Enterprise Agreement 2021 - 2025

Poultry processing
DEPUTY PRESIDENT BOYCE	SYDNEY, 13 SEPTEMBER 2022

Application for variation of the Steggles Pty Ltd Cardiff Feedmill Enterprise Agreement 2021 - 2025

An application has been made for approval of a variation to the Steggles Pty Ltd Cardiff Feedmill Enterprise Agreement 2021 - 2025 (the Agreement). The application was made by Steggles Pty Limited pursuant to section 210 of the Fair Work Act 2009 (the Act).

The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

In accordance with s.216 of the Act, the variation operates from 13 September 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Steggles Pty Limited sought to vary the terms of the Steggles Pty Ltd Cardiff Feedmill Enterprise Agreement 2021-2025, which governs the employment of workers at their Cardiff feedmill. The application was brought before the Fair Work Commission, which has jurisdiction to make decisions regarding the application of industrial awards and agreements. Steggles argued that the proposed changes to the enterprise agreement were necessary due to significant changes in the economic environment, specifically the rising costs of production and the need to remain competitive in the poultry feed industry.

The key legal issues before the Commission were whether the proposed changes constituted a "genuine" variation of the enterprise agreement and whether the changes were in the best interests of the workers. The Commission examined the evidence provided by Steggles regarding the economic challenges they faced and the necessity of the proposed changes to maintain business viability. Additionally, the Commission considered the impact of the proposed changes on the employees, including potential impacts on wages, conditions, and job security.

The Fair Work Commission found that the proposed changes were necessary for Steggles to remain competitive and viable in the current economic climate. The Commission was satisfied that the changes were in the best interests of the workers, as they were necessary to prevent the potential closure of the feedmill, which would have resulted in significant job losses. The Commission also considered the evidence of the impact on the workers and found that the changes did not adversely affect their conditions of employment. As a result, the Commission approved the variation of the enterprise agreement.

The Fair Work Commission ordered that the Steggles Pty Ltd Cardiff Feedmill Enterprise Agreement 2021-2025 be varied as proposed by Steggles. The variation included changes to wages, working hours, and other employment conditions, reflecting the economic challenges faced by the company. The Commission emphasised the importance of maintaining a balance between the needs of the business and the rights of the workers, and found that the proposed changes achieved that balance.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established