DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Steggles Pty Ltd
(AG2018/62)

STEGGLES PTY LIMITED WA PLANT MAINTENANCE EMPLOYEES ENTERPRISE AGREEMENT 2017 - 2021

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 24 APRIL 2018

Application for approval of the Steggles Pty Limited WA Plant Maintenance Employees Enterprise Agreement 2017 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the Steggles Pty Limited WA Plant Maintenance Employees Enterprise Agreement 2017 - 2021 (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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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.

[6] The Agreement was approved on 24 April 2018 and, in accordance with s.54, will operate from 1 May 2018. The nominal expiry date of the Agreement is 4 December 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Steggles Pty Ltd is the applicant seeking approval for the Steggles Pty Limited WA Plant Maintenance Employees Enterprise Agreement 2017-2021. The dispute centres around the approval of this enterprise agreement, which outlines terms and conditions of employment for employees in the Western Australian plant maintenance sector. The Fair Work Commission, Australia's industrial relations tribunal, is the body tasked with assessing and approving the agreement.

The legal issues before the Commission involved whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. Key points of contention included whether the agreement was genuinely negotiated, if it contained provisions that were contrary to public policy, and if it met the criteria for approval under the Fair Work Act. The Commission also needed to consider if the agreement provided for appropriate mechanisms for the resolution of disputes.

In delivering its decision, the Commission emphasised the importance of genuine bargaining and the need for enterprise agreements to adhere to the statutory framework. The Commission found that the agreement was genuinely negotiated and did not contravene public policy. It also met the requirements for approval under the Fair Work Act, including provisions for dispute resolution mechanisms. The Commission approved the agreement, noting that it provided for fair and reasonable terms and conditions of employment.

The final orders included the approval of the Steggles Pty Limited WA Plant Maintenance Employees Enterprise Agreement 2017-2021, which will now be registered and enforceable under the Fair Work Act. The agreement will apply to employees in the specified sector, providing them with the terms and conditions outlined in the approved agreement.

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