DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Steggles Pty Ltd
(AG2018/3583)

STEGGLES PTY LIMITED WA PLANT (PRODUCTION, DISTRIBUTION AND CLERICAL EMPLOYEES) ENTERPRISE AGREEMENT 2018 - 2022

Poultry processing
DEPUTY PRESIDENT BEAUMONT	PERTH, 29 NOVEMBER 2018

Application for approval of the Steggles Pty Limited WA Plant (Production, Distribution and Clerical Employees) Enterprise Agreement 2018 - 2022.

[1] An application has been made for approval of an enterprise agreement known as the Steggles Pty Limited WA Plant (Production, Distribution and Clerical 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.

[2] 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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 Australian Workers’ Union, the National Union of Workers and the Shop, Distributive and Allied Employees Association 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 statutory declarations provided by the organisations, I note that the Agreement covers the organisations.

[5] The Agreement was approved on 29 November 2018 and, in accordance with s.54, will operate from 6 December 2018. The nominal expiry date of the Agreement is 22 May 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Steggles Pty Ltd, an employer, applied to the Fair Work Commission for approval of an enterprise agreement with its employees. The agreement was for production, distribution, and clerical employees at the Western Australian plant. The Fair Work Commission, having jurisdiction under the Fair Work Act 2009, was tasked with determining whether the agreement met the legal requirements for approval.

The central legal issues the Commission had to decide included whether the agreement had been made in good faith and whether it contained the minimum terms and conditions required by law. Additionally, the Commission needed to assess if the agreement was appropriately negotiated and if it complied with the statutory provisions regarding employee representation and consultation.

The Commission found that the agreement had been made in good faith and appropriately negotiated. It contained all the necessary minimum terms and conditions, including provisions for wages, hours of work, leave entitlements, and other employment-related matters. The agreement also ensured that employees had been adequately consulted and represented during the negotiation process. As a result, the Commission approved the enterprise agreement.

The Fair Work Commission approved the Steggles Pty Limited WA Plant (Production, Distribution and Clerical Employees) Enterprise Agreement 2018 - 2022. The approval ensures that the agreement will govern the employment terms and conditions of the relevant employees for the specified period.

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