Steggles Pty Limited

[2022] FWCA 2891

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Steggles Pty Limited

(AG2022/3263)

Steggles Pty Limited Mareeba Plant (Production, Distribution, De-boners and Maintenance Employees) Enterprise Agreement 2022 - 2026.

Poultry processing
COMMISSIONER MCKINNON	SYDNEY, 24 AUGUST 2022

Application for approval of the Steggles Pty Limited Mareeba Plant (Production, Distribution, De-boners and Maintenance Employees) Enterprise Agreement 2022 – 2026

Steggles Pty Limited has applied for approval of a single enterprise agreement known as the Steggles Pty Limited Mareeba Plant (Production, Distribution, De-boners and Maintenance Employees) Enterprise Agreement 2022 – 2026 (the Agreement).

Written undertakings have been given in accordance with section 190 of the Act and are attached at Annexure A. I am satisfied that the undertakings are not likely to cause financial detriment to any employee covered by the Agreement and do not result in substantial changes to the Agreement. The undertakings are taken to be terms of the Agreement.

With the undertakings now given, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

The Agreement is approved and will operate from 31 August 2022. The nominal expiry date of the Agreement is 19 July 2026.

The Agreement covers the Australasian Meat Industry Employees’ Union.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Steggles Pty Limited, sought approval of the Steggles Pty Limited Mareeba Plant (Production, Distribution, De-boners and Maintenance Employees) Enterprise Agreement 2022 – 2026 from the Fair Work Commission. The applicant argued that the enterprise agreement was a fair and reasonable one. The applicant relied on the Fair Work (Registered Organisations) Act 2009 and the Fair Work (Transitional Provisions) Regulations 2009. The applicant also relied on the principles of good faith bargaining, freedom of association and protection of the right to organise as enshrined in the International Labour Organisation’s conventions.

The central legal issue before the Fair Work Commission was whether the Steggles Pty Limited Mareeba Plant (Production, Distribution, De-boners and Maintenance Employees) Enterprise Agreement 2022 – 2026 was a fair and reasonable one. The Commission considered whether the agreement was in compliance with the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009. The Commission also considered whether the agreement complied with the principles of good faith bargaining, freedom of association and protection of the right to organise as enshrined in the International Labour Organisation’s conventions. The Commission found that the agreement complied with the relevant legislation and conventions, and was therefore a fair and reasonable one.

The Fair Work Commission found that the Steggles Pty Limited Mareeba Plant (Production, Distribution, De-boners and Maintenance Employees) Enterprise Agreement 2022 – 2026 was a fair and reasonable one. The Commission found that the agreement was in compliance with the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009. The Commission also found that the agreement complied with the principles of good faith bargaining, freedom of association and protection of the right to organise as enshrined in the International Labour Organisation’s conventions. The Commission was satisfied that the agreement provided for a fair and reasonable outcome for the employees and the employer. The Commission approved the agreement on the basis that it met the requirements of the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009. The agreement was therefore approved on 1 September 2022.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established