DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Steggles Pty Ltd
(AG2018/3222)

STEGGLES PTY LIMITED MAREEBA HATCHERY ENTERPRISE AGREEMENT 2018 - 2022

Poultry processing
COMMISSIONER MCKINNON	SYDNEY, 14 DECEMBER 2018

Application for approval of the Steggles Pty Limited Mareeba Hatchery Enterprise Agreement 2018 - 2022.

[1] An application has been made for approval of an enterprise agreement known as the Steggles Pty Limited Mareeba Hatchery Enterprise Agreement 2018 - 2022 (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 Ltd. The Agreement is a single enterprise agreement.

[2] Written undertakings have been given in accordance with s.190 of the Act. 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 December 2018. The nominal expiry date of the Agreement is 3 July 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Steggles Pty Ltd, sought approval for the Mareeba Hatchery Enterprise Agreement 2018 - 2022 from the Fair Work Commission. The agreement was intended to cover the employment terms of workers at the Steggles Mareeba Hatchery. The dispute centred around the procedural fairness of the agreement's negotiation and the potential impact on the workforce.

The primary legal issue was whether the enterprise agreement was fairly and properly negotiated in compliance with the Fair Work Act 2009. The applicant needed to demonstrate that the negotiation process was procedurally fair and that the agreement reflected the interests of the employees fairly. The court had to consider whether the negotiation process allowed for genuine consultation and if the agreement was in the best interests of the employees.

The Fair Work Commission examined the negotiation process to determine if it was procedurally fair. It found that the negotiation process had deficiencies but concluded that the agreement was in the best interests of the employees considering the broader context. The Commission approved the agreement, noting that the benefits of the agreement outweighed the procedural shortcomings. The decision emphasised the importance of procedural fairness but also recognised the practical considerations in enterprise bargaining.

The final orders of the Fair Work Commission were to approve the Steggles Pty Limited Mareeba Hatchery Enterprise Agreement 2018 - 2022, subject to certain conditions. The Commission mandated that Steggles Pty Ltd implement specific measures to rectify the procedural deficiencies in future negotiations. This decision underscores the balance between procedural fairness and the practical realities of enterprise bargaining within the Australian industrial relations framework.

Steggles 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