DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Steggles Pty Ltd
(AG2017/4612)

STEGGLES PTY LIMITED (WA FARMS & KEWDALE HATCHERY) ENTERPRISE AGREEMENT 2017-2021

Agricultural industry
DEPUTY PRESIDENT KOVACIC	CANBERRA, 6 MARCH 2018

Application for approval of the Steggles Pty Limited (WA Farms & Kewdale Hatchery) Enterprise Agreement 2017-2021.

[1] An application has been made for approval of an enterprise agreement known as the Steggles Pty Limited (WA Farms & Kewdale Hatchery) 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] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Steggles Pty Ltd. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the und’ertakings are attached to this decision.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 March 2018. The nominal expiry date of the Agreement is 19 September 2021.

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Steggles Pty Ltd applied for approval of an enterprise agreement for the Western Australian farms and Kewdale hatchery. The application was heard by the Fair Work Commission, which is responsible for overseeing the approval process of such agreements. The legal issues before the Commission included whether the agreement met the statutory requirements and whether it had been made in good faith and without coercion.

The Commission examined the process by which the agreement was negotiated, the fairness of its terms, and the compliance with procedural fairness and good faith obligations. The parties involved in the negotiation, Steggles Pty Ltd and the relevant employee representatives, had to demonstrate that they had engaged in genuine bargaining and that the agreement reflected the outcomes of that process. The Commission also assessed whether the agreement adequately covered the minimum terms and conditions as prescribed by the Fair Work Act 2009.

The Commission found that the negotiation process was conducted in good faith, and the agreement was negotiated genuinely and without coercion. The terms of the agreement were considered fair and reasonable, and it met all statutory requirements. The Commission approved the enterprise agreement, recognising that it provided an appropriate framework for the employment relationship between the parties. The approval signifies that the agreement will now govern the terms and conditions of employment for the employees covered by the agreement until its expiration.

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