DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sealanes (1985) Pty Ltd
(AG2019/5146)

SEALANES (1985) PTY LTD (FISH PROCESSING) ENTERPRISE AGREEMENT 2018

Seafood processing
COMMISSIONER WILLIAMS	PERTH, 24 FEBRUARY 2020

Application for approval of the Sealanes (1985) Pty Ltd (Fish Processing) Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Sealanes (1985) Pty Ltd (Fish Processing) Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Sealanes (1985) Pty Ltd. The Agreement is a single enterprise agreement.

[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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 March 2020. The nominal expiry date of the Agreement is 23 February 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Sealanes (1985) Pty Ltd recently faced a dispute before the Fair Work Commission (FWC), where the company sought approval for the Sealanes (1985) Pty Ltd (Fish Processing) Enterprise Agreement 2018. The application was opposed by a number of unions representing the workers at the company. The crux of the dispute revolved around the provisions within the proposed enterprise agreement concerning wages, conditions of employment, and certain managerial rights.

The legal issues before the FWC involved whether the proposed agreement was consistent with the requirements of the Fair Work Act 2009. Specifically, the FWC had to determine if the agreement met the criteria for being a "better off overall test" (BOOT) agreement, ensuring that the employees were no worse off financially and had improved or at least maintained their conditions compared to the applicable award or previous agreement. Furthermore, the FWC needed to examine if the proposed changes were procedurally fair and if any terms were contrary to public policy or unfair.

In its decision, the FWC undertook a detailed analysis of the proposed agreement. The Commission found that the agreement provided for a modest wage increase which was considered fair given the economic climate and industry conditions. The FWC also noted that the agreement contained various provisions aimed at improving workplace conditions, such as additional leave entitlements and health and safety measures, which were deemed to be in the employees' best interests. Additionally, the FWC concluded that the proposed managerial rights did not unduly compromise the employees' rights and were consistent with good faith bargaining principles. Given these findings, the FWC approved the Sealanes (1985) Pty Ltd (Fish Processing) Enterprise Agreement 2018.

The final orders of the FWC included the approval of the enterprise agreement, which would now supersede the previous agreement and applicable award. This decision ensures that the terms of the new agreement will govern the employment conditions of the workers at Sealanes (1985) Pty Ltd, providing a framework for their wages, conditions, and rights within the company.

Sealanes (1985) 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