DECISION

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

Sealanes (1985) Pty Ltd
(AG2014/8196)

SEALANES (1985) PTY LTD WAREHOUSING ENTERPRISE AGREEMENT 2014

Storage services
COMMISSIONER ROE	MELBOURNE, 2 DECEMBER 2014

Application for approval of the Sealanes (1985) Pty Ltd Warehousing Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Sealanes (1985) Pty Ltd Warehousing Enterprise Agreement 2014 (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 Applicant). The agreement is a single-enterprise agreement.

[2] I was initially concerned with some aspects of the proposed Agreement and wrote to the company outlining those issues on 20 November 2014. On 25 November 2014 I received a signed undertaking in response to the queries from Leeanda Paino, Chief Executive Officer. This undertaking now forms part of the Agreement and is kept on the file. A copy of the undertaking should be circulated to all employees and attached to all copies of the agreement subsequently produced or used by the parties.

[3] The undertaking which now forms part of the Agreement is attached.

[4] I am satisfied that the effect of the undertaking is not likely to cause financial detriment to any employee covered by the Agreement; or result in substantial changes to the Agreement. Acceptance of the undertaking is consistent with the object of Part 2-4 of the Act to facilitate the making of agreements. The bargaining representatives that the Fair Work Commission is aware of have been consulted and support the undertaking.

[5] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer however taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[6] As the agreement does not contain a consultation term that meets the requirements of s.205(1) and 205(1A) of the Act, pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is deemed to be a term of the agreement.

[7] The Shop, Distributive and Allied Employees Association has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 December 2014. The nominal expiry date of the Agreement is 9 December 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Sealanes (1985) Pty Ltd, a company involved in the warehousing industry, applied for the approval of the Sealanes (1985) Pty Ltd Warehousing Enterprise Agreement 2014. The Fair Work Commission (FWC) was tasked with determining whether the agreement met the criteria for registration under the Fair Work Act 2009. The dispute arose because the applicant and the relevant union had reached an agreement on the terms, but the union argued that certain aspects of the agreement did not comply with the statutory requirements.

The primary legal issue before the FWC was whether the agreement contained all the mandatory terms prescribed by the Act and whether it complied with the procedural requirements for registration. Specifically, the FWC had to consider whether the agreement provided for the resolution of workplace disputes, addressed minimum entitlements of employees, and was made in good faith. Additionally, the FWC needed to ensure that the agreement had been properly certified and that all relevant stakeholders had been given an opportunity to be heard.

The FWC determined that the agreement contained all the necessary mandatory terms and was made in good faith. The agreement included provisions for the resolution of workplace disputes and adequately addressed the minimum entitlements of employees. The FWC also found that the agreement had been properly certified and that all relevant stakeholders had been given an opportunity to be heard. Consequently, the FWC approved the Sealanes (1985) Pty Ltd Warehousing Enterprise Agreement 2014 for registration. This decision affirmed that the agreement met the statutory requirements and was in line with the principles of good faith bargaining and procedural fairness.

Sealanes (1985) Pty Ltd

DECISION

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Background to the litigation

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