DECISION

Fair Work Act 2009
s.185—Enterprise agreement

(AG2015/4957)

SEDGMAN METALLIFEROUS AGREEMENT 2015

Mining industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 29 SEPTEMBER 2015

Application for approval of the Sedgman Metalliferous Agreement 2015.

[1] Sedgman Employment Services Pty Ltd applies for approval of an enterprise agreement known as the Sedgman Metalliferous Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

[2] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] 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.

[5] The Agreement is approved, in accordance with s.54 of the Act, will operate from 6 October 2015. The nominal expiry date of the Agreement is 6 October 2019.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

Sedgman Employment Services Pty Ltd applied to the Fair Work Commission for the approval of an enterprise agreement under section 185 of the Fair Work Act 2009. The proposed agreement, the Sedgman Metalliferous Agreement 2015, is a single-enterprise agreement intended to govern the terms and conditions of employment for workers within the mining industry. The application was made in accordance with the relevant provisions of the Act, including the incorporation of the model flexibility and consultation terms as prescribed by the Fair Work Regulations 2009. The Deputy President of the Commission, Asbury, was tasked with determining whether the agreement met the requirements for approval as stipulated in sections 186, 187, and 188 of the Act.

The key legal issues before the Deputy President were whether the agreement complied with the statutory requirements for approval under the Act and whether all procedural and substantive conditions were met. The Deputy President assessed the application against these criteria, taking into account the provisions of the Fair Work Act and the Fair Work Regulations. After reviewing the application and the contents of the agreement, the Deputy President concluded that all necessary requirements for approval had been satisfied.

The Deputy President found that the application for the approval of the Sedgman Metalliferous Agreement 2015 was compliant with the relevant sections of the Fair Work Act and the Fair Work Regulations. The Deputy President was satisfied that the agreement met all the statutory requirements for approval and that the application process had been correctly followed. Consequently, the Deputy President approved the agreement, which will operate from 6 October 2015, with a nominal expiry date of 6 October 2019. This decision ensures that the agreement will be legally binding on the parties involved, providing a framework for the terms and conditions of employment within Sedgman Employment Services Pty Ltd.

s.185—Enterprise agreement

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established