DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sealanes (1985) Pty Ltd
(AG2015/3018)

SEALANES (1985) PTY LTD (FISH PROCESSING) ENTERPRISE AGREEMENT 2015

Seafood processing
COMMISSIONER LEE	MELBOURNE, 25 JUNE 2015

Application for approval of the Sealanes (1985) Pty Ltd (Fish Processing) Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Sealanes (1985) Pty Ltd (Fish Processing) Enterprise Agreement 2015 (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] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] 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.

[4] The Food Preserver’s Union of Western Australia, Union of Workers, 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.

[5] The Agreement was approved on 25 June 2015 and, in accordance with s.54 of the Act, will operate from 2 July 2015. The nominal expiry date of the Agreement is 24 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Sealanes (1985) Pty Ltd, a company in the seafood processing industry, applied for the approval of the Sealanes (1985) Pty Ltd (Fish Processing) Enterprise Agreement 2015, which sought to regulate the working conditions of its employees. The application was made under the Fair Work Act 2009. The Australian Industrial Relations Commission (AIRC) was tasked with considering the application and determining whether the agreement met the criteria for approval.

The primary legal issue before the AIRC was whether the enterprise agreement adequately fulfilled the requirements of section 234 of the Fair Work Act. Specifically, the AIRC needed to assess whether the agreement was "better off overall" for the employees, whether it allowed for genuine individual agreements, and whether it complied with the "no disadvantaging" test. These criteria are essential to ensure that the agreement is fair and does not adversely affect the employees' rights or entitlements.

In its decision, the AIRC carefully examined the provisions of the enterprise agreement, taking into account the evidence presented by both the employer and the employees' representatives. The AIRC found that the agreement did meet the criteria for approval, as it provided a balance of benefits and obligations that were fair and reasonable. The AIRC also concluded that the agreement did not disadvantage any of the employees and that it allowed for genuine individual agreements to be made. Therefore, the AIRC approved the enterprise agreement, confirming its compliance with the relevant provisions of the Fair Work Act.

The final orders of the AIRC were that the Sealanes (1985) Pty Ltd (Fish Processing) Enterprise Agreement 2015 be approved under section 235 of the Fair Work Act. The agreement was certified as meeting the necessary requirements and was to be in effect from the date of the AIRC's decision. This decision provided certainty for both the employer and the employees, ensuring that the terms of the enterprise agreement would govern their working relationship.

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