DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sebel Pty Ltd T/A Sebel Pty Ltd
(AG2020/3835)

APPLICATION FOR APPROVAL OF THE 2021 SEBEL PTY LTD. EMPLOYEE ENTERPRISE AGREEMENT

Manufacturing and associated industries
COMMISSIONER JOHNS	SYDNEY, 30 DECEMBER 2020

Application for approval of the 2021 Sebel Pty Ltd. Employee Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the 2021 Sebel Pty Ltd. Employee Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Sebel Pty Ltd T/A Sebel Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of 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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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 is approved and, in accordance with s.54 of the Act, will operate from 6 January 2021. The nominal expiry date of the Agreement is 31 December 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties involved in this case are Sebel Pty Ltd, trading as Sebel Pty Ltd, and their employees. The dispute revolves around the application for approval of the 2021 Sebel Pty Ltd Employee Enterprise Agreement, which was submitted to the Fair Work Commission. The court, in this instance the Fair Work Commission, was tasked with determining whether the agreement met the necessary legal standards for approval.

The primary legal issues before the court were whether the agreement had been made in accordance with the relevant legislative provisions and whether it complied with the good faith bargaining requirements. Specifically, the court needed to assess if the agreement was genuinely negotiated between the employer and the employees and if it contained the necessary minimum terms and conditions as outlined in the Fair Work Act 2009.

In examining the submissions and evidence provided, the court found that the agreement was the result of genuine negotiations between the employer and the employees. The court also concluded that the agreement included all the mandatory minimum terms and conditions stipulated by the Fair Work Act 2009. The court determined that the agreement was made in good faith and met all the statutory requirements for approval. Therefore, the application for approval of the 2021 Sebel Pty Ltd Employee Enterprise Agreement was successful.

As a result of the court's decision, the 2021 Sebel Pty Ltd Employee Enterprise Agreement was approved, effective from the date of the decision. This agreement will now govern the employment terms and conditions of the employees of Sebel Pty Ltd for the specified period.

Sebel Pty Ltd T/A Sebel 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