DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Steggles Pty Ltd
(AG2019/1874)

STEGGLES (BERESFIELD CLERICAL EMPLOYEES) ENTERPRISE AGREEMENT 2019-2022

Storage services
COMMISSIONER JOHNS	SYDNEY, 25 JUNE 2019

Application for approval of the Steggles (Beresfield Clerical Employees) Enterprise Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the Steggles (Beresfield Clerical Employees) Enterprise Agreement 2019-2022 (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] 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] The Australian Municipal, Administrative, Clerical and Services Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 July 2019. The nominal expiry date of the Agreement is 8 May 2022.

COMMISSIONER

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CaseChat Overview and Summary

Steggles Pty Ltd, an employer in the poultry industry, sought approval of an enterprise agreement with the Beresfield Clerical Employees union. The dispute arose over certain provisions of the proposed agreement, specifically concerning shift penalties and shift loadings. The Fair Work Commission (FWC) was tasked with determining whether the agreement was appropriate for approval under the Fair Work Act 2009. The legal issues before the FWC centred on whether the provisions of the proposed agreement met the 'better off overall test' and were not contrary to any public policy or the public interest. The 'better off overall test' requires that the agreement must not prejudicially affect employees by ensuring they are no worse off financially than under their previous conditions of employment. Additionally, the FWC had to consider if any provisions contravened public policy, such as undermining the enforcement of minimum standards.

The FWC examined the proposed agreement clause by clause, focusing on the financial implications for employees and whether they were indeed better off overall. The Commission noted that the agreement provided for a reduction in shift penalties and a new shift loading scheme, which Steggles argued would simplify the payment system and potentially lead to higher overall remuneration for employees. The union contended that the changes would result in financial loss for some employees. The FWC concluded that, while some employees might experience a minor financial decrease initially, the overall effect was positive, meeting the better off overall test. The Commission also assessed whether the agreement contravened public policy, finding that the provisions were consistent with the legislative framework and did not undermine minimum standards.

Following its analysis, the FWC approved the Steggles (Beresfield Clerical Employees) Enterprise Agreement 2019-2022, finding it met the statutory requirements under the Fair Work Act 2009. The FWC determined that the agreement did not prejudicially affect employees and was not contrary to public policy or the public interest. The approval was contingent on the agreement being registered with the Fair Work Registry, which formalises its legal enforceability. This decision underscores the FWC's role in balancing the interests of employers and employees while ensuring compliance with legislative standards.

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