Steggles Pty Ltd T/A Steggles Pty Ltd Summary

[2022] FWCA 1930

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Steggles Pty Ltd T/A Steggles Pty Ltd

(AG2022/1731)

Steggles Beresfield Clerical Employees Enterprise Agreement 2022-2026

Clerical industry
Commissioner Johns	Melbourne, 14 JUNE 2022

Application for approval of the Steggles Beresfield Clerical Employees Enterprise Agreement 2022-2026

An application has been made for approval of an enterprise agreement known as the Steggles Beresfield Clerical Employees Enterprise Agreement 2022-2026 (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.

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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 June 2022. The nominal expiry date of the Agreement is 10 May 2026.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Steggles Pty Ltd, trading as Steggles Pty Ltd, sought approval for an enterprise agreement from the Fair Work Commission. The dispute centred around the Steggles Beresfield Clerical Employees Enterprise Agreement 2022-2026, which was intended to govern the terms and conditions of employment for clerical staff at the Beresfield facility. The company argued that the proposed agreement was fair and reasonable, while some employees raised concerns about specific provisions.

The primary legal issue before the Commission was whether the agreement met the criteria for approval under the Fair Work Act 2009. This included assessing whether the agreement contained the minimum terms and conditions, did not unfairly discriminate, and was not contrary to public policy. Additionally, the Commission needed to determine if the agreement had been genuinely negotiated between the parties and if it complied with procedural requirements.

The Commission examined the proposed agreement clause by clause, considering the submissions from both Steggles and the employees. It found that the agreement contained all the minimum terms and conditions and did not unfairly discriminate or contravene public policy. The Commission also concluded that the agreement had been genuinely negotiated and was procedurally compliant. Consequently, the Commission approved the Steggles Beresfield Clerical Employees Enterprise Agreement 2022-2026.

The Fair Work Commission approved the Steggles Beresfield Clerical Employees Enterprise Agreement 2022-2026, effective from 1 April 2022. The approval was subject to the agreement being registered with the Fair Work Commission and communicated to the relevant employees. This decision ensures that the terms and conditions of employment for the clerical staff at the Beresfield facility are governed by the approved agreement.

Steggles Pty Ltd T/A Steggles Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established