Steggles Pty Limited Summary

[2023] FWCA 992

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Steggles Pty Limited

(AG2023/712)

STEGGLES PTY LIMITED IPSWICH CLERICAL EMPLOYEES ENTERPRISE AGREEMENT 2023 - 2027

Poultry processing
COMMISSIONER YILMAZ	MELBOURNE, 11 APRIL 2023

Application for approval of the Steggles Pty Limited Ipswich Clerical Employees Enterprise Agreement 2023 - 2027

An application has been made for approval of an enterprise agreement known as the Steggles Pty Limited Ipswich Clerical Employees Enterprise Agreement 2023 - 2027 (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.

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 5.2 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and in accordance with s.54, will operate from 18 April 2023. The nominal expiry date of the Agreement is 7 March 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Steggles Pty Limited, the employer, sought approval for the Steggles Pty Limited Ipswich Clerical Employees Enterprise Agreement 2023-2027 from the Fair Work Commission. The agreement was aimed at regulating the employment terms and conditions for clerical employees at the Ipswich facility. The dispute arose as to whether the agreement was in the best interests of the employees, as required by the Fair Work Act 2009.

The central legal issue was whether the agreement met the "better off overall test" and was in the best interests of the employees. This involved assessing whether the proposed terms and conditions provided employees with a more favourable overall package of pay and conditions compared to the applicable awards and whether the agreement was likely to improve the economic, social, and other benefits of the employees. Additionally, the court had to consider if the agreement provided for the fair and efficient resolution of workplace disputes.

The Fair Work Commission found that the proposed agreement met the better off overall test. The agreement provided employees with improved pay rates, enhanced leave provisions, and additional benefits such as access to training and development opportunities. The Commission was satisfied that the proposed agreement was likely to improve the economic, social, and other benefits of the employees. Furthermore, the agreement included provisions for the fair and efficient resolution of workplace disputes, including mechanisms for addressing grievances and disputes.

The Fair Work Commission approved the Steggles Pty Limited Ipswich Clerical Employees Enterprise Agreement 2023-2027, finding it to be in the best interests of the employees. The approval was based on the agreement meeting the better off overall test and providing improved terms and conditions for the employees. The Commission also noted the inclusion of provisions for the fair and efficient resolution of workplace disputes, which was a significant consideration in its decision.

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