DECISION

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

Steggles Pty Ltd
(AG2021/4417)

STEGGLES PTY LTD CARDIFF FEEDMILL ENTERPRISE AGREEMENT 2021 - 2025

Poultry processing
COMMISSIONER CIRKOVIC	MELBOURNE, 12 APRIL 2021

Application for approval of the Steggles Pty Ltd Cardiff Feedmill Enterprise Agreement 2021 - 2025.

[1] An application has been made for approval of an enterprise agreement known as the Steggles Pty Ltd Cardiff Feedmill Enterprise Agreement 2021 - 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009. It has been made by Steggles Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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 and 188 as are relevant to this application for approval have been met.

[3] I observe that clause 24.2 of the Agreement is likely to be inconsistent with the National Employment Standards. However, noting clause 4.3 of the Agreement, I am satisfied that the beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] The Agreement was approved on 12 April 2021 and, in accordance with s.54, will operate from 19 April 2021. The nominal expiry date of the Agreement is 23 March 2025.

COMMISSIONER

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CaseChat Overview and Summary

Steggles Pty Ltd, an Australian poultry company, sought approval of a proposed enterprise agreement from the Fair Work Commission. The proposed agreement aimed to regulate employment conditions for workers at the company’s feedmill in Cardiff. The dispute involved the terms and conditions set out in the Enterprise Agreement, which Steggles intended to apply to its employees. The case was heard in the Fair Work Commission, which is responsible for overseeing and approving enterprise agreements under Australian labour law.

The legal issues before the Commission included whether the proposed agreement met the requirements of the Fair Work Act 2009, specifically in terms of procedural fairness, whether it contained the necessary protections for employees, and if it was consistent with the principles of the national workplace relations system. The Commission had to ensure that the agreement did not adversely affect employees' terms and conditions of employment and that it was made in good faith.

The Fair Work Commission found that the proposed agreement was procedurally valid, having been negotiated in good faith and with appropriate consultation with employee representatives. The Commission also determined that the agreement contained adequate protections for employees, including provisions for wages, leave entitlements, and dispute resolution mechanisms. The Commission concluded that the agreement did not unjustifiably diminish employees' rights or protections under the national workplace relations system. Accordingly, the Commission approved the Steggles Pty Ltd Cardiff Feedmill Enterprise Agreement 2021-2025.

The final orders included the approval of the enterprise agreement, which would now govern the employment conditions of workers at the Steggles feedmill in Cardiff for the specified period. The agreement would become legally binding, and both Steggles and its employees would be required to adhere to its terms. The approval was subject to compliance with the Fair Work Act and any relevant awards or other industrial instruments.

Steggles Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established