Steggles Pty Ltd

[2014] FWCA 313

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Steggles Pty Ltd
(AG2014/12)

STEGGLES PTY LIMITED (WA PLANT MAINTENANCE EMPLOYEES) ENTERPRISE AGREEMENT 2013 - 2017

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 13 JANUARY 2014

Application for approval of the Steggles Pty Limited (WA Plant Maintenance Employees) Enterprise Agreement 2013 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Steggles Pty Limited (WA Plant Maintenance Employees) Enterprise Agreement 2013 - 2017 (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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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 20 January 2014. The nominal expiry date of the Agreement is 2 December 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Steggles Pty Ltd recently sought approval for the Steggles Pty Limited (WA Plant Maintenance Employees) Enterprise Agreement 2013 - 2017 before the Fair Work Commission. The dispute centred around whether the agreement met the legal requirements for approval under the Fair Work Act 2009. The applicant, Steggles, argued that the agreement was fairly negotiated and met all necessary criteria, while no objections were raised by other parties involved.

The key legal issues before the Commission were whether the agreement was genuinely negotiated and whether it contained all the mandatory provisions required by the Act. Additionally, the Commission needed to consider if the agreement was in the best interests of the employees and if it complied with the provisions regarding fair work objectives. The Commission had to carefully review the evidence presented by Steggles to determine if the agreement was fairly negotiated, and if it included all necessary terms and conditions.

In its decision, the Fair Work Commission found that the agreement had been genuinely negotiated between the parties, as evidenced by the documentation and testimonies provided. The Commission also confirmed that the agreement contained all mandatory provisions and was in the best interests of the employees. Importantly, the Commission determined that the agreement did not contravene any of the fair work objectives and was, therefore, compliant with the Act. As a result, the Commission approved the agreement, recognising its validity and enforceability under the Fair Work Act.

The Fair Work Commission's final order was the approval of the Steggles Pty Limited (WA Plant Maintenance Employees) Enterprise Agreement 2013 - 2017, effective from the date of the decision. This approval ensures that the agreement can be implemented and that the terms and conditions it contains will govern the employment relationship between Steggles and its employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established