DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Steggles Pty Ltd
(AG2019/800)

STEGGLES PTY LIMITED IPSWICH CLERICAL EMPLOYEES ENTERPRISE AGREEMENT 2019 - 2023

Clerical industry
COMMISSIONER YILMAZ	MELBOURNE, 16 JULY 2019

Application for approval of the Steggles Pty Limited Ipswich Clerical Employees Enterprise Agreement 2019 - 2023.

[1] An application has been made for approval of an enterprise agreement known as the Steggles Pty Limited Ipswich Clerical Employees Enterprise Agreement 2019 - 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Steggles Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and have been met.

[4] I observe that certain provisions 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.

[5] The Agreement is approved and, in accordance with s.54, will operate from 23 July 2019. The nominal expiry date of the Agreement is 5 March 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Steggles Pty Ltd, a company engaged in the poultry industry, was the subject of an application before the Fair Work Commission to approve the Steggles Pty Limited Ipswich Clerical Employees Enterprise Agreement 2019-2023. The dispute arose from disagreements over certain terms and conditions contained within the proposed agreement between the company and its clerical employees represented by the Australian Services Union. The applicants, Steggles, argued that the agreement was fair and reasonable, while the respondents contended that certain provisions did not meet the requirements under the Fair Work Act 2009.

The legal issues before the Commission revolved around whether the terms and conditions of the enterprise agreement were fair and reasonable, in accordance with the provisions outlined in the Fair Work Act. Specifically, the Commission had to assess whether the agreement met the good faith bargaining test, the "better off overall test" and whether it contained appropriate mechanisms for resolving disputes. The Commission also needed to determine whether the agreement adhered to the relevant national employment standards.

The Fair Work Commission found that the Steggles Pty Limited Ipswich Clerical Employees Enterprise Agreement 2019-2023 was fair and reasonable. The Commission determined that the agreement satisfied the good faith bargaining test and met the better off overall test. Furthermore, the Commission concluded that the agreement contained appropriate dispute resolution mechanisms and adhered to the relevant national employment standards. Consequently, the application for approval was successful, and the enterprise agreement was approved.

The final orders of the Commission were that the Steggles Pty Limited Ipswich Clerical Employees Enterprise Agreement 2019-2023 was approved as a registered agreement under section 173 of the Fair Work Act 2009. The agreement would be registered by the Commission and would take effect from the date of the decision. The approval was subject to the agreement being lodged with the Commission within 14 days of the decision, as required by the Fair Work Act.

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