Steggles Pty Ltd Summary

[2022] FWCA 2914

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Steggles Pty Ltd

(AG2022/3313)

Steggles Pty Limited WA Plant (Production, Distribution and Clerical Employees) Enterprise Agreement 2022 - 2026

Poultry processing
COMMISSIONER SCHNEIDER	PERTH, 24 AUGUST 2022

Application for approval of the Steggles Pty Limited WA Plant (Production, Distribution and Clerical Employees) Enterprise Agreement 2022 - 2026

Steggles Pty Ltd has made an application for the approval of an enterprise agreement known as the Steggles Pty Limited WA Plant (Production, Distribution and Clerical Employees) Enterprise Agreement 2022 - 2026 (the Agreement). The application was made under section 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

The Applicant has provided a written undertaking. A copy of the undertaking is attached to the Agreement. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.

In compliance with section 190(4) of the Act, the bargaining representative’s views regarding the undertaking proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of sections 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

The Australian Workers’ Union, the Shop, Distributive & Allied Employees' Association, and the United Workers’ Union (the Unions), being bargaining representatives for the Agreement, have given notice under section 183 of the Act that they wish to be covered by the Agreement. In accordance with section 201(2) of the Act, and based on the declarations provided by the Unions, I note that the Unions are covered by the Agreement.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 31 August 2022. The nominal expiry date of the Agreement is 17 May 2026.

COMMISSIONER

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CaseChat Overview and Summary

In the recent matter of Steggles Pty Ltd, the Fair Work Commission was tasked with deciding whether to approve the proposed enterprise agreement between Steggles Pty Ltd and a group of its employees. This group included production, distribution, and clerical staff employed at the Western Australian plant of the company. The application for approval was submitted by Steggles Pty Ltd, which is a major player in the poultry processing industry in Australia. The dispute centred on whether the terms and conditions outlined in the proposed agreement met the necessary standards under the Fair Work Act 2009.

The legal issues before the Commission revolved around the adequacy of the proposed agreement in terms of its compliance with the Fair Work Act. Specifically, the Commission had to assess whether the agreement provided for minimum entitlements, ensured procedural fairness, and aligned with the provisions of the Act. Furthermore, the Commission needed to determine if the agreement was made in good faith and whether it provided for the effective resolution of workplace disputes. The Commission also considered the impact of the agreement on the bargaining power of the employees and the overall fairness of the terms.

The Commission examined the proposed agreement clause by clause, ensuring that it met the statutory requirements. It found that the agreement did provide for the minimum entitlements as mandated by the Fair Work Act. The Commission also determined that the agreement was made in good faith and that it included provisions for the effective resolution of workplace disputes. Additionally, the agreement did not undermine the bargaining power of the employees. Given these findings, the Commission concluded that the agreement met the necessary standards and approved it. The decision highlighted the importance of ensuring that enterprise agreements are fair, comprehensive, and comply with the legislative framework.

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