Steggles Pty Ltd Summary

[2018] FWCA 2036

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Steggles Pty Ltd

(AG2017/5516)

Steggles Pty Limited Beresfield Shop Employees Enterprise Agreement 2017 - 2020

Retail industry
Commissioner Johns	SYDNEY, 9 APRIL 2018

Application for approval of the Steggles Pty Limited Beresfield Shop Employees Enterprise Agreement 2017-2020.

An application has been made for approval of an enterprise agreement known as the Steggles Pty Limited Beresfield Shop Employees Enterprise Agreement 2017-2020 (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.

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.

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 Shop, Distributive and Allied Employees Association 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 16 April 2018. The nominal expiry date of the Agreement is 11 October 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Steggles Pty Ltd sought approval of the Steggles Pty Limited Beresfield Shop Employees Enterprise Agreement 2017-2020, which had been negotiated between the applicant and the Steggles Shop Employees Union. The Fair Work Commission (FWC) was tasked with determining whether the agreement met the legal criteria for approval under the Fair Work Act 2009.

The central issue before the Commission was whether the agreement had been made in the course of genuine negotiations, as required by section 231 of the Act. Additionally, the Commission needed to assess whether the agreement contained terms that were genuinely intended to be binding and that were not contrary to public policy or the objects of the Act.

The FWC found that the agreement was indeed made in the course of genuine negotiations, as evidenced by the process followed and the participation of both parties. The Commission further determined that the terms of the agreement were genuinely intended to be binding and did not contravene any public policy or the objectives of the Act. Consequently, the FWC approved the agreement.

The final orders of the Commission were that the Steggles Pty Limited Beresfield Shop Employees Enterprise Agreement 2017-2020 be approved as a registered agreement, effective from the date of the decision, and that it be registered with the Commission.

Steggles Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established