Sealanes (1985) Pty Ltd T/A Sealanes

[2024] FWCA 140

[2024] FWCA 140

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Sealanes (1985) Pty Ltd T/A Sealanes

(AG2023/4719)

SEALANES (1985) PTY LTD (FISH PROCESSING) ENTERPRISE AGREEMENT 2023

Seafood processing
COMMISSIONER LIM	PERTH, 12 JANUARY 2024

Application for approval of the SEALANES (1985) PTY LTD (FISH PROCESSING) ENTERPRISE AGREEMENT 2023

1. Sealanes (1985) Pty Ltd has made an application for the approval of an enterprise agreement known as the SEALANES (1985) PTY LTD (FISH PROCESSING) ENTERPRISE AGREEMENT 2023 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

1. The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 22 July 2023 and the Agreement was made on 23 November 2023. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

1. 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.

1. In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought.  They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant.  No objection was raised.

1. Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

1. Clause 27.27 of the Agreement provides compassionate leave for any illness of, or injury to, a member of their immediate family or household, or the death of a member of their immediate family or household. However it is silent in relation to compassionate leave for stillbirth/miscarriage as is provided by s.104(1)(b) and (c) of the Act. However, I am satisfied that under clause 6.2 of the Agreement, the more beneficial entitlements of the National Employment Standards (NES) will prevail where there is an inconsistency between the Agreement and the NES.

1. The Australian Workers Union (the AWU), 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), and based on the declaration provided by the organisation, I note that the organisation is covered by the Agreement.

1. The Agreement was approved on 12 January 2024 and, in accordance with s 54, will operate from 19 January 2024. The nominal expiry date of the Agreement is 19 January 2027.

COMMISSIONER

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ANNEXURE A