Steggles Pty Ltd

[2021] FWCA 3753

[2021] FWCA 3753

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Steggles Pty Ltd
(AG2021/5567)

STEGGLES BERESFIELD SITE (MAINTENANCE EMPLOYEES) ENTERPRISE AGREEMENT 2021 - 2024

Poultry processing
DEPUTY PRESIDENT MANSINI	MELBOURNE, 30 JUNE 2021

Application for approval of the Steggles Beresfield Site (Maintenance Employees) Enterprise Agreement 2021-2024.

[1] Steggles Pty Ltd has applied for approval of a single enterprise agreement known as the Steggles Beresfield Site (Maintenance Employees) Enterprise Agreement 2021-2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission raised concerns about the form of the application. Further information was provided in relation to these concerns.

[3] This Agreement covers two entities, Steggles Pty Ltd and Steggles Food Products Pty Ltd. I am satisfied that the two entities are single-interest employers within the meaning of s.172(5)(b) of the Act as they are both associated entities of the parent company, Baiada Pty Ltd. A single declaration was filed on behalf of both employers. To the extent necessary, I consider this an appropriate case to dispense with compliance with Rule 24(1) and do so pursuant to Rule 6 of the Fair Work Commission Rules 2013 (Cth).

[4] The application was accompanied by a signature page that did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to waive an irregularity in the form or manner in which an application was made, and do so pursuant to s.586(b).

[5] On the basis of the material contained in the application and related materials, 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.

[6] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being bargaining representatives for the Agreement, have respectively given notice under s.183 of the Act. In accordance with s.201(2) I note that the Agreement covers these organisations.

[7] The Agreement was approved on 30 June 2021 and, in accordance with s.54, will operate from 7 July 2021. The nominal expiry date of the Agreement is 10 March 2024.

DEPUTY PRESIDENT

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