Sea All Pty Ltd atf Sea All trust T/A Coastwire Fencing

[2014] FWCA 6706

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Sea All Pty Ltd atf Sea All trust T/A Coastwire Fencing
(AG2014/7519)

SEA ALL PTY LTD TA COASTWIRE ENTERPRISE AGREEMENT 2014-2018

Manufacturing and associated industries
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 25 SEPTEMBER 2014

Application for approval of the Sea All Pty Ltd ta Coastwire Enterprise Agreement 2014-2018.

[1] An application has been made for approval of an enterprise agreement known as the Sea All Pty Ltd ta Coastwire Enterprise Agreement 2014-2018 (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] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Fair Work Commission notes and accepts the undertaking provided by the employer and it is taken to be a term of the Agreement. A copy of the undertaking is attached to this decision as Annexure A.

[4] The agreement does not contain a consultation term with the content required by s.205(1) and (1A). Accordingly, in accordance with s.205(2), the model consultation term contained in Schedule 2.3 of the Fair Work Regulations 2009 is taken to be a term of the agreement.

[5] The Agreement is approved. In accordance with s.54(1) it will operate from 2 October 2014. The nominal expiry date of the Agreement is 2 October 2018.

DEPUTY PRESIDENT

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Sea All Pty Ltd, trading as Coastwire Fencing, applied to the Fair Work Commission for approval of an enterprise agreement. The application concerned the Sea All Pty Ltd ta Coastwire Enterprise Agreement 2014-2018. The legal issues centred around whether the agreement complied with the Fair Work Act 2009 and whether it met the criteria for registration. Specifically, the court had to determine if the agreement was appropriately negotiated and if it contained the required minimum terms and conditions.

The Fair Work Commission examined the negotiation process and the contents of the agreement. It considered whether the agreement was genuinely negotiated and if it included the mandated minimum terms and conditions. The Commission also assessed whether the agreement was in the best interests of the employees and if it complied with the provisions of the Fair Work Act. After thorough examination, the Commission found that the negotiation process was satisfactory and that the agreement met all statutory requirements. The Commission approved the agreement, finding it to be fair and reasonable for the employees.

The Fair Work Commission approved the Sea All Pty Ltd ta Coastwire Enterprise Agreement 2014-2018, confirming its compliance with the Fair Work Act 2009. The Commission found that the agreement was appropriately negotiated and contained all necessary minimum terms and conditions. The decision was based on the evidence provided and the legal standards set out in the Fair Work Act. The approval ensures that the agreement will govern the employment conditions of the relevant employees for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established