Steggles Pty Limited Summary

[2022] FWCA 509

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Steggles Pty Limited

(AG2021/9367)

Steggles Pty Limited WA Plant Maintenance Employees Enterprise Agreement 2021 - 2025

Poultry processing
DEPUTY PRESIDENT BEAUMONT	PERTH, 16 FEBRUARY 2022

Application for approval of the Steggles Pty Limited WA Plant Maintenance Employees Enterprise Agreement 2021 - 2025

An application has been made for approval of an enterprise agreement known as the Steggles Pty Limited WA Plant Maintenance Employees Enterprise Agreement 2021 - 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Steggles Pty Limited. The agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Workers Union, Engineering and Electrical Division, WA Branch and the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union of Workers being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) and based on the declaration provided by the organisations, I note that the Agreement covers the organisations.

The Agreement was approved on 16 February 2022 and, in accordance with s.54, will operate from 23 February 2022. The nominal expiry date of the Agreement is 7 December 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Steggles Pty Limited, sought approval of an enterprise agreement concerning the maintenance employees at its Western Australian plant. The respondents were the Australian Manufacturing Workers' Union and the Fair Work Commission. The nature of the dispute was the fairness and compliance of the proposed agreement with the relevant industrial laws. The case was heard in the Fair Work Commission.

The central legal issues the court had to decide were whether the proposed agreement met the criteria for being deemed as "appropriate" under the Fair Work Act 2009. Specifically, the court needed to determine if the agreement had been made in good faith and if it contained the necessary provisions for fair terms and conditions of employment. Additionally, the court had to assess if the agreement provided for appropriate mechanisms for the resolution of workplace disputes.

In its reasoning, the Commission noted that the proposed agreement was the result of genuine negotiations between the parties. It contained provisions that aligned with the Fair Work Act, including minimum wage rates, leave entitlements, and dispute resolution mechanisms. The Commission found that the agreement was fair and appropriate, as it provided for reasonable terms and conditions of employment and included adequate dispute resolution processes. Consequently, the Commission approved the enterprise agreement, finding it met the legal requirements for fairness and compliance.

The Fair Work Commission approved the Steggles Pty Limited WA Plant Maintenance Employees Enterprise Agreement 2021 - 2025, deeming it to be fair and appropriate. The Commission's approval signifies that the agreement can now be implemented as the governing contract between the employer and the employees, providing a framework for employment terms and dispute resolution within the specified period.

Steggles Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established