DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Steggles Pty Ltd
(AG2017/6027)

STEGGLES BERESFIELD SITE (MAINTENANCE EMPLOYEES) ENTERPRISE AGREEMENT 2017 - 2020

Poultry processing
COMMISSIONER JOHNS	SYDNEY, 9 APRIL 2018

Application for approval of the Steggles Beresfield Site (Maintenance Employees) Enterprise Agreement 2017-2020.

[1] An application has been made for approval of an enterprise agreement known as the Steggles Beresfield Site (Maintenance 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.

[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 “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.

[5] 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 22 November 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Steggles Pty Ltd applied to the Fair Work Commission for approval of the Steggles Beresfield Site (Maintenance Employees) Enterprise Agreement 2017-2020. The dispute involved the classification and pay rates for maintenance employees at the Steggles site in Beresfield. The Commission needed to determine whether the agreement complied with the Fair Work Act 2009 and whether it met the "better off overall test". The key legal issues were whether the proposed pay rates and conditions were fair and reasonable, and whether the employees would be better off overall under the new agreement compared to their previous conditions.

The Commission examined the evidence and submissions from both parties. It considered the economic context, the bargaining power of the parties, and the principles of enterprise bargaining. The Commission concluded that the agreement was fair and reasonable and met the better off overall test. The proposed pay rates were consistent with industry standards, and the agreement provided for appropriate protections and benefits for the employees.

The Fair Work Commission approved the Steggles Beresfield Site (Maintenance Employees) Enterprise Agreement 2017-2020. The Commission found that the agreement was in the interests of the employees and provided a fair and reasonable outcome. The decision highlights the importance of meeting the better off overall test and considering the economic context and industry standards in enterprise bargaining.

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