DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SE Resources (ACT) Pty Ltd
(AG2016/2495)

SE RESOURCES (ACT) PTY LTD SINGLE ENTERPRISE AGREEMENT 2016

Australian Capital Territory
COMMISSIONER SAUNDERS	NEWCASTLE, 31 MARCH 2016

Application for approval of the SE Resources (ACT) Pty Ltd Single Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the SE Resources (ACT) Pty Ltd Single Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by SE Resources (ACT) Pty Ltd.

[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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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 7 April 2016. The nominal expiry date of the Agreement is 30 March 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

SE Resources (ACT) Pty Ltd, represented by its directors, was before the Fair Work Commission seeking approval of a Single Enterprise Agreement 2016. The applicant aimed to formalise terms and conditions of employment for its employees in the Australian Capital Territory. The dispute centred on whether the proposed agreement met the necessary legal standards for approval under the Fair Work Act 2009, including provisions for minimum rates of pay, penalty rates, leave entitlements, and procedural fairness.

The court needed to determine whether the agreement complied with the requirements set out in the Fair Work Act, particularly in relation to the fairness and reasonableness of the proposed terms. The key legal issues revolved around whether the agreement provided adequate protections for employees and whether the negotiation process was fair and transparent. Additionally, the court examined whether the agreement addressed all mandatory bargaining obligations and if the terms were in line with the existing industrial instruments and awards.

In its decision, the Fair Work Commission found that the proposed agreement was generally fair and reasonable. The court acknowledged the efforts made by the applicant to ensure that employees' rights and protections were preserved. The agreement was deemed to meet the statutory requirements for approval, including provisions for minimum wages, penalty rates, and leave entitlements. The court also noted that the negotiation process appeared to be conducted in good faith, with appropriate consideration given to employee representation and consultation. The Commission ultimately approved the agreement, recognising it as a fair and reasonable basis for employment conditions in the relevant industry.

SE Resources (ACT) 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