Steggles Pty Ltd

[2019] FWCA 5541

[2019] FWCA 5541

FAIR WORK COMMISSION

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

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