Steggles Pty Ltd

[2022] FWCA 2030

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Steggles Pty Ltd

(AG2022/1739)

Steggles Pty Limited Mareeba Hatchery Enterprise Agreement 2022-2026

Poultry processing
DEPUTY PRESIDENT MOLTONI	BRISBANE, 21 JUNE 2022

Application for approval of the Steggles Pty Limited Mareeba Hatchery Enterprise Agreement 2022 - 2026

An application has been made for approval of an enterprise agreement known as the Steggles Pty Limited Mareeba Hatchery Enterprise Agreement 2022-2026 (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 Limited (the Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. 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 requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 31 May 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Steggles Pty Ltd applied for the approval of the Steggles Pty Limited Mareeba Hatchery Enterprise Agreement 2022-2026. The application was made under section 234 of the Fair Work Act 2009. The agreement was entered into between Steggles and the Poultry Workers Union. Steggles sought approval for the agreement on the basis that it complied with the provisions of the Act and that it was appropriate for the enterprise.

The primary legal issue was whether the agreement met the requirements for approval under the Fair Work Act. Specifically, the Commission had to consider whether the agreement provided for the terms and conditions of employment, it was in writing, it complied with the Good Faith Bargaining requirements, and whether the agreement met the minimum entitlements under the National Employment Standards and other relevant laws.

The Commission found that the agreement provided for the terms and conditions of employment of the employees covered by the agreement and was in writing. The Commission also found that the agreement was the product of genuine good faith bargaining. Furthermore, the Commission found that the agreement did not undermine the minimum entitlements under the National Employment Standards or any other relevant law. Accordingly, the application for approval was successful.

The Fair Work Commission approved the Steggles Pty Limited Mareeba Hatchery Enterprise Agreement 2022-2026. The agreement is now a legally binding document between Steggles and the Poultry Workers Union, and it will govern the employment conditions of the employees covered by the agreement for the next four years.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established