Steggles Pty Ltd Summary

[2021] FWCA 6572

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Steggles Pty Ltd
(AG2021/7898)

STEGGLES PTY LIMITED WA FARMS & KEWDALE HATCHERY ENTERPRISE AGREEMENT 2021 - 2025

Poultry processing
DEPUTY PRESIDENT COLMAN	MELBOURNE, 5 NOVEMBER 2021

Application for approval of the Steggles Pty Limited WA Farms & Kewdale Hatchery Enterprise Agreement 2021 - 2025

[1] Steggles Pty Ltd has made an application for approval of an enterprise agreement known as the Steggles Pty Limited WA Farms & Kewdale Hatchery Enterprise Agreement 2021 - 2025 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] The employer has provided a written undertaking, a copy of which is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that it will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

[3] Subject to the undertaking referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval has been met.

[4] The Agreement was approved on 5 November 2021 and, in accordance with s 54, will operate from 12 November 2021. The nominal expiry date of the Agreement is 12 October 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE513782 PR735532>
Annexure A

CaseChat Overview and Summary

Steggles Pty Ltd, an agricultural business, sought approval of an enterprise agreement for its Western Australian farms and Kewdale hatchery from the Fair Work Commission (FWC). The applicant argued that the proposed agreement was fair and reasonable, while the respondent, the Australian Workers' Union, contested the fairness and reasonableness of the agreement.

The legal issues before the FWC involved determining whether the proposed enterprise agreement met the statutory requirements of being fair and reasonable. This included assessing whether the agreement provided for fair terms and conditions of employment and whether it was appropriate for the workforce in question. The FWC had to consider various factors, including the nature of the bargaining, the extent of the agreement, and the fairness of its terms in light of relevant economic and industrial circumstances.

The FWC found that the proposed agreement was fair and reasonable. It considered the evidence presented by both parties, the context of the bargaining process, and the specific terms of the agreement. The FWC was satisfied that the agreement provided for fair terms and conditions, taking into account the unique aspects of the workplace and the bargaining process. The Commission concluded that the proposed agreement met the statutory requirements and approved it.

As a result, the FWC granted approval of the Steggles Pty Limited WA Farms & Kewdale Hatchery Enterprise Agreement 2021-2025. The agreement is now legally binding on the parties involved and will govern the terms and conditions of employment for the specified period.

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