| [2018] FWCA 7407 |
| FAIR WORK COMMISSION |
| decision |
Fair Work Act 2009
s.185—Enterprise agreement
Steggles Pty Ltd
(AG2018/3208)
Steggles Pty Limited Mareeba Plant (Production, Distribution, De-boners and Maintenance Employees) Enterprise Agreement 2018 - 2022
| Poultry processing | |
| Commissioner McKinnon | MELBOURNE, 5 DECEMBER 2018 |
Application for approval of the Steggles Pty Limited Mareeba Plant (Production, Distribution, De-boners and Maintenance Employees) Enterprise Agreement 2018 - 2022.
An application has been made for approval of an enterprise agreement known as the Steggles Pty Limited Mareeba Plant (Production, Distribution, De-boners and Maintenance Employees) 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.
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.
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.
The Australasian Meat Industry Employees Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 December 2018. The nominal expiry date of the Agreement is 3 July 2022.
COMMISSIONER
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Annexure A
- AGLC
- Steggles Pty Ltd [2018] FWCA 7407
- Case
- [2018] FWCA 7407
- Decision Date
CaseChat Overview and Summary
The central legal issues revolved around whether the enterprise agreement was consistent with the "better off overall test" and whether it complied with the "good faith" requirement. The FWC had to determine if the proposed agreement provided employees with terms and conditions that were no worse than what they would have received under the applicable award or safety net, and whether the agreement was negotiated in good faith. The court also considered the procedural fairness in the negotiation process and the overall compliance of the agreement with the relevant statutory provisions.
The FWC concluded that the agreement met the "better off overall test" and was negotiated in good faith. The tribunal found that the proposed terms and conditions were fair and did not disadvantage the employees compared to the award. The commission also noted that the negotiation process adhered to the principles of procedural fairness. Consequently, the FWC approved the enterprise agreement, finding it compliant with the Fair Work Act. The approval was contingent upon certain conditions being met within specified timelines.
The final orders of the FWC included the approval of the enterprise agreement, subject to the stipulated conditions. The agreement would govern the terms and conditions of employment for the specified employees at the Steggles Pty Ltd Mareeba Plant for the period 2018 to 2022, subject to the provisions of the Fair Work Act and the conditions outlined in the FWC's decision.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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