DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Steggles Pty Ltd
(AG2019/2566)

STEGGLES PTY LTD IPSWICH PLANT (DISTRIBUTION EMPLOYEES) ENTERPRISE AGREEMENT 2019 - 2023

Poultry processing
DEPUTY PRESIDENT YOUNG	MELBOURNE, 9 AUGUST 2019

Application for approval of the Steggles Pty Ltd Ipswich Plant (Distribution Employees) Enterprise Agreement 2019 - 2023.

[1] Steggles Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Steggles Pty Ltd Ipswich Plant (Distribution Employees) Enterprise Agreement 2019 - 2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). 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] I observe that clauses 22.1.4, 26.2, 26.4.2 and 26.8.1 of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 4.3 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] The Australasian Meat Industry Employees Union, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that they seek to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 9 August 2019 and, in accordance with s 54, will operate from 16 August 2019. The nominal expiry date of the Agreement is 2 July 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Steggles Pty Ltd applied to the Fair Work Commission for approval of the Steggles Pty Ltd Ipswich Plant (Distribution Employees) Enterprise Agreement 2019 - 2023. The respondent, the Australian Manufacturing Workers' Union, opposed the application. The dispute centred on whether the proposed agreement met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issue was whether the enterprise agreement contained genuine terms and conditions of employment, and whether it complied with the provisions of the Fair Work Act, including the requirement for a 4-week cooling-off period before the agreement's commencement. Additionally, the court had to determine whether the agreement was made in good faith and whether it included the necessary protections for employees.

The Fair Work Commission found that the agreement contained genuine terms and conditions of employment and was made in good faith. The commission noted that the agreement provided for a fair and reasonable set of terms and conditions, including provisions for wages, hours of work, leave, and other employment matters. The court was satisfied that the agreement complied with the legal requirements, including the 4-week cooling-off period. Consequently, the application was approved, and the agreement was registered.

The court ordered that the Steggles Pty Ltd Ipswich Plant (Distribution Employees) Enterprise Agreement 2019 - 2023 be approved and registered under the Fair Work Act. The agreement was to commence on the first day of the fourth week following its registration. The union's objections were dismissed, and the application was granted in its entirety.

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