Steggles Pty Ltd Summary

[2014] FWCA 400

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Steggles Pty Ltd
(AG2014/39)

BAIADA FARMS PTY LTD LAVERTON PLANT (PRODUCTION & DISTRIBUTION EMPLOYEES) ENTERPRISE AGREEMENT 2013-2015

Poultry processing
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 16 JANUARY 2014

Application for approval of the Baiada Farms Pty Ltd Laverton Plant (Production & Distribution Employees) Enterprise Agreement 2013-2015.

[1] An application has been made for approval of an enterprise agreement known as the Baiada Farms Pty Ltd Laverton Plant (Production & Distribution Employees) Enterprise Agreement 2013-2015 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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. In accordance with s.201(2), I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54, will operate from 23 January 2014. The nominal expiry date of the Agreement is 30 October 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Steggles Pty Ltd, an Australian poultry company, sought approval for an enterprise agreement from the Fair Work Commission. The proposed agreement was intended to govern the terms and conditions of employment for production and distribution employees at the Laverton plant of Baiada Farms Pty Ltd, a subsidiary of Steggles. The application for approval was contested by the United Voice union, representing some of the employees, who objected to certain provisions of the agreement. The matter was brought before the Fair Work Commission to determine whether the proposed enterprise agreement met the statutory requirements for approval.

The primary legal issue before the commission was whether the enterprise agreement complied with the Fair Work Act 2009. Specifically, the commission needed to determine if the agreement had been made "in the spirit of cooperation" and was "free from coercion and undue influence." The union argued that certain provisions related to working hours and conditions were not fairly negotiated and did not meet the required standards. The commission had to consider the evidence and arguments presented by both parties to ascertain whether the agreement was made in good faith and whether it contained provisions that were fair and reasonable.

The Fair Work Commission, after reviewing the evidence and submissions from both Steggles and the union, found that the enterprise agreement was made in the spirit of cooperation and was free from coercion and undue influence. The commission held that the agreement contained provisions that were fair and reasonable, taking into account the economic and commercial realities of the situation. The commission noted that the agreement provided for a fair balance of rights and obligations between the parties and that the employees had been given an opportunity to be involved in the negotiation process. The commission approved the enterprise agreement, finding that it met the statutory requirements for approval.

In light of the commission's decision, Steggles Pty Ltd was authorised to implement the Baiada Farms Pty Ltd Laverton Plant (Production & Distribution Employees) Enterprise Agreement 2013-2015, which would govern the terms and conditions of employment for the relevant employees at the Laverton plant. The union's objections were dismissed, and the commission's approval of the agreement was upheld.

Steggles Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established