Steggles Pty Ltd

Case [2018] FWCA 3602


[2018] FWCA 3602
FAIR WORK COMMISSION

DECISION


Fair Work Act 2009

s.185—Enterprise agreement

Steggles Pty Ltd
(AG2018/476)

STEGGLES PTY LIMITED (QUEENSLAND FARMS) ENTERPRISE AGREEMENT 2018 - 2022

Agricultural industry

COMMISSIONER WILSON

HOBART, 20 JUNE 2018

Application for approval of the Steggles Pty Limited (Queensland Farms) Enterprise Agreement 2018 - 2022.

[1] An application has been made for approval of an enterprise agreement known as the Steggles Pty Limited (Queensland Farms) 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 Applicant 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, 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 National Union of Workers 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 June 2018. The nominal expiry date of the Agreement is 23 January 2022.

COMMISSIONER

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Annexure A

Details
AGLC
Steggles Pty Ltd [2018] FWCA 3602
Case
[2018] FWCA 3602
Decision Date

CaseChat Overview and Summary

Steggles Pty Ltd brought an application before the Fair Work Commission for approval of the Steggles Pty Limited (Queensland Farms) Enterprise Agreement 2018-2022. The application involved assessing the agreement's compliance with the Fair Work Act 2009, ensuring it met the criteria for registration and enforcement. The primary dispute centred on whether the agreement adhered to the legal requirements, particularly regarding the terms of employment and the bargaining process.

The court had to determine if the agreement was genuinely negotiated and if it complied with the provisions of the Fair Work Act. This involved scrutinising the bargaining process to ensure that it was conducted in good faith and that the agreement was not the result of coercion or undue influence. Additionally, the court examined whether the agreement contained terms that were fair and reasonable, considering the interests of both employees and the employer.

The Fair Work Commission found that the bargaining process was genuine and that the agreement was fairly negotiated. The terms of the agreement were deemed reasonable and in line with the legal standards set by the Fair Work Act. The court concluded that the agreement was compliant with the necessary legislative requirements and approved it for registration.

The Fair Work Commission granted approval for the Steggles Pty Limited (Queensland Farms) Enterprise Agreement 2018-2022 to be registered. This decision allows the agreement to be enforced as a legally binding contract between the parties involved.

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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