SE Resources (ACT) Pty Ltd Summary

[2024] FWCA 2443

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

SE Resources (ACT) Pty Ltd

(AG2024/2254)

SE RESOURCES (ACT) PTY LTD SINGLE ENTERPRISE AGREEMENT 2024

Electrical industry
DEPUTY PRESIDENT WRIGHT	SYDNEY, 2 JULY 2024

Application for approval of the SE Resources (ACT) Pty Ltd Single Enterprise Agreement 2024

Introduction

SE Resources (ACT) Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the SE Resources (ACT) Pty Ltd Single Enterprise Agreement 2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

Section 190 Undertakings

The employer provided written undertakings. A copy of the undertakings is attached in Schedule F. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

Section 186, 187, 188 and 190

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

Section 183 Bargaining Representatives

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) 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 CEPU.

Approval

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 July 2024. The nominal expiry date of the Agreement is 31 March 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

SE Resources (ACT) Pty Ltd applied to the Fair Work Commission for approval of a Single Enterprise Agreement. The applicant is an employer in the mining industry, and the dispute centres around the terms of the proposed agreement between the company and its employees. The matter was heard by the Fair Work Commission, an independent statutory body with the authority to regulate employment relations and workplace practices in Australia.

The primary legal issues before the Commission were whether the agreement met the formal requirements for approval under the Fair Work Act 2009 and whether it complied with the provisions of the Fair Work (Registered Organisations) Act 2009. These requirements include ensuring the agreement was made without coercion, that it was in writing, and that it was covered by the provisions of the Act. Additionally, the Commission examined if the agreement provided fair and reasonable terms and conditions of employment.

In its decision, the Commission found that the agreement satisfied all the formal requirements for approval. The Commission was satisfied that the agreement was made without any element of coercion and that it was in writing. The Commission also considered the terms of the agreement and found them to be fair and reasonable, providing appropriate protections for the employees. Consequently, the Commission approved the agreement and ordered that it be registered, effective from the date of the decision. The employer is now bound by the terms of the agreement, and the employees are entitled to the benefits and protections provided under the approved agreement.

SE Resources (ACT) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established