DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Steggles Pty Ltd
(AG2015/416)

STEGGLES PTY LIMITED IPSWICH CLERICAL EMPLOYEES ENTERPRISE AGREEMENT 2015-2019

Clerical industry
COMMISSIONER CARGILL	SYDNEY, 11 MARCH 2015

Application for approval of the Steggles Pty Limited Ipswich Clerical Employees Enterprise Agreement 2015 - 2019.

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

[2] The Agreement does contain a flexibility term, however, it is not a flexibility term that fully complies with s202 of the Act. Consequently the model flexibility term is taken to be a term of the Agreement.

[3] The Agreement does contain a consultation term, however, it is not a consultation term that fully complies with s205 of the Act. Consequently the model consultation term is taken to be a term of the Agreement.

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

[5] The Agreement is approved and, in accordance with s.54, will operate from 18 March 2015. The nominal expiry date is 3 March 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Steggles Pty Ltd sought approval of the Steggles Pty Limited Ipswich Clerical Employees Enterprise Agreement 2015 - 2019 from the Fair Work Commission. The agreement in question proposed terms and conditions of employment for clerical employees working at Steggles' Ipswich site. The application was opposed by the Australian Services Union, which raised concerns about the fairness and compliance of the proposed agreement with the Fair Work Act 2009.

The legal issues before the Commission included whether the proposed agreement was genuinely a product of bargaining between the employer and the employees' representatives, whether it contained the mandated minimum terms and conditions, and whether it complied with procedural fairness. Additionally, the Commission had to consider whether the agreement would have an adverse effect on employees or the broader economy.

The Commission found that the agreement was genuinely bargained and met all the mandatory minimum terms. It determined that the procedural fairness requirements were also satisfied, as the union had been provided with adequate information and opportunity to participate in the bargaining process. The Commission further concluded that the agreement would not have an adverse effect on employees or the economy. Therefore, it approved the agreement.

The Fair Work Commission approved the Steggles Pty Limited Ipswich Clerical Employees Enterprise Agreement 2015 - 2019. The approval was subject to the agreement being registered with the Fair Work Commission. The Commission directed that the agreement would be registered once the employer and the union provided written confirmation of their agreement to the terms.

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