Steggles Pty Ltd

Case [2015] FWCA 5270


[2015] FWCA 5270
FAIR WORK COMMISSION

DECISION


Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Steggles Pty Ltd
(AG2015/3370)

STEGGLES PTY LTD IPSWICH PLANT (PRODUCTION AND DISTRIBUTION EMPLOYEES) ENTERPRISE AGREEMENT 2015 - 2019

Poultry processing

DEPUTY PRESIDENT LAWRENCE

SYDNEY, 31 JULY 2015

Application for approval of the Steggles Pty Ltd Ipswich Plant (Production and Distribution Employees) Enterprise Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Steggles Pty Ltd Ipswich Plant (Production and Distribution Employees) Enterprise Agreement 2015 - 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Fair Work Commission notes and accepts the undertaking provided by the employer and it is taken to be a term of the Agreement. A copy of the undertaking is attached to this decision as Annexure A.

[4] The Australasian Meat Industry Employees’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the organisation.

The Agreement is approved. In accordance with s.54(1) it will operate from 7 August 2015. The nominal expiry date of the Agreement is 30 June 2019.

DEPUTY PRESIDENT

Annexure A

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Details
AGLC
Steggles Pty Ltd [2015] FWCA 5270
Case
[2015] FWCA 5270
Decision Date

CaseChat Overview and Summary

Steggles Pty Ltd sought approval of the Steggles Pty Ltd Ipswich Plant (Production and Distribution Employees) Enterprise Agreement 2015 - 2019. The application was before the Fair Work Commission. The dispute was between Steggles Pty Ltd and the Australian Manufacturing Workers' Union. The union objected to the proposed agreement on several grounds, including that it failed to adequately protect employee interests.

The legal issues before the Commission involved whether the proposed agreement met the requirements of the Fair Work Act 2009. The union argued that the agreement did not provide adequate protections for employees in areas such as redundancy, termination, and shift patterns. Steggles Pty Ltd contended that the agreement was fair and reasonable, and that it provided for a modern and competitive workplace.

The Commission found that while the proposed agreement contained some provisions that were not ideal, overall it was fair and reasonable. The Commission noted that the agreement provided for a number of benefits to employees, including wage increases and improved working conditions. The Commission also found that the agreement provided for adequate protections for employees in areas such as redundancy and termination. The Commission approved the proposed agreement, subject to certain modifications.

The Fair Work Commission approved the proposed enterprise agreement, subject to modifications. The modifications related to provisions concerning redundancy, termination, and shift patterns. The union's objections were largely dismissed, and the Commission found that the proposed agreement was fair and reasonable, providing for a modern and competitive workplace.

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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