SEAM Surveys Pty Ltd Summary

[2014] FWCA 4113

FAIR WORK COMMISSION

DECISION

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

SEAM Surveys Pty Ltd
(AG2014/1159)

SEAM SURVEYS ENTERPRISE AGREEMENT 2014

Technical services
COMMISSIONER SIMPSON	BRISBANE, 23 JUNE 2014

Application for approval of the SEAM Surveys Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the SEAM Surveys 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 SEAM Surveys 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 will operate in accordance with s.54.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, SEAM Surveys Pty Ltd sought approval for the SEAM Surveys Enterprise Agreement 2014. The applicant, a surveying company, entered into the agreement with its employees, represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The union argued that the agreement did not meet the requirements of the Fair Work Act 2009, including that it failed to provide for the proper operation of the enterprise. The union also contended that the agreement did not comply with the minimum entitlements prescribed by the Act.

The central legal issues before the Commission were whether the agreement provided for the proper operation of the enterprise and whether it met all the requirements of the Fair Work Act. The Commission considered the arguments from both parties and examined the terms of the agreement in detail. The Commission found that the agreement did provide for the proper operation of the enterprise and that it met all the requirements of the Act. The Commission noted that the agreement provided for the payment of overtime, penalty rates, and annual leave, and that it contained provisions for the management of the enterprise, including the ability to make decisions about the operation of the business.

As a result, the Commission approved the SEAM Surveys Enterprise Agreement 2014. The Commission found that the agreement met all the requirements of the Fair Work Act and provided for the proper operation of the enterprise. The union's objections were dismissed, and the agreement was approved as a registered enterprise agreement. The decision provides guidance for employers and employees in the surveying industry, and sets out the requirements for a valid enterprise agreement under the Fair Work Act.

SEAM Surveys Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established