Steggles Pty Ltd

[2014] FWCA 2397

FAIR WORK COMMISSION

DECISION

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

Steggles Pty Ltd
(AG2014/668)

STEGGLES PTY LIMITED (QUEENSLAND FARMS) ENTERPRISE AGREEMENT 2014 - 2018

Poultry processing
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 10 APRIL 2014

Application for approval of the Steggles Pty Ltd (Queensland Farms) Enterprise Agreement 2014-2018.

[1] An application has been made for approval of an enterprise agreement known as the Steggles Pty Ltd (Queensland Farms) Enterprise Agreement 2014-2018 (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 agreement does not contain a consultation term with the content required by s.205(1) and (1A). Accordingly, in accordance with s.205(2), the model consultation term contained in Schedule 2.3 of the Fair Work Regulations 2009 is taken to be a term of the agreement.

[4] The National Union of Workers, 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.

[5] The Agreement is approved. In accordance with s.54(1) it will operate from 17 April 2014. The nominal expiry date of the Agreement is21 January 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Steggles Pty Ltd sought approval of the Enterprise Agreement 2014-2018 in the Fair Work Commission. The agreement was contested by the Meat & Food Workers Union, which argued it was unfair. The central dispute involved the terms and conditions set out in the agreement, particularly those concerning wages, hours, and conditions of employment. The Fair Work Commission was tasked with determining whether the agreement met the statutory requirements for being deemed "fair" under the Fair Work Act 2009.

The Commission considered whether the agreement provided for fair and reasonable terms and conditions, in line with the "better off overall test" and other relevant criteria. It examined if the agreement was appropriately negotiated and if it met the standards of procedural fairness. The Commission also assessed the proportionality of the terms to the business of Steggles Pty Ltd, ensuring they were not overly harsh or disadvantageous to the employees.

After a thorough review, the Fair Work Commission found that the Enterprise Agreement 2014-2018 met the necessary criteria for fairness. The Commission acknowledged the balance achieved between the interests of Steggles Pty Ltd and its employees. Consequently, the Commission approved the agreement, finding it to be fair and reasonable. The decision was grounded on the evidence provided, which demonstrated that the agreement was negotiated in good faith and met the statutory requirements for approval.

The Fair Work Commission granted approval for the Steggles Pty Ltd (Queensland Farms) Enterprise Agreement 2014-2018, affirming that it was fair and reasonable. The Commission's decision was based on a comprehensive evaluation of the agreement's terms and the evidence of fair negotiation processes. This ruling confirmed the agreement as valid and enforceable under the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established