Sedgman Employment Services Pty Ltd Summary

[2014] FWCA 303

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Sedgman Employment Services Pty Ltd
(AG2013/12766)

SEDGMAN EMPLOYMENT SERVICES PTY LTD NARRABRI CHPP FRONT LINE GREENFIELD ENTERPRISE AGREEMENT 2012-2014

Coal industry
SENIOR DEPUTY PRESIDENT HARRISON	SYDNEY, 13 JANUARY 2014

Application for variation of the Sedgman Employment Services Pty Ltd Narrabri CHPP Front Line Greenfield Enterprise Agreement 2012-2014.

[1] An application has been made for approval of a variation of the Sedgman Employment Services Pty Ltd Narrabri CHPP Front Line Greenfield Enterprise Agreement 2012-2014 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act) by Sedgman Employment Services Pty Ltd.

[2] A signed copy of the variations which are to be made is dated 8 January 2014 and it is contained on the file. An undertaking concerning clauses 1.1 and 1.3 has been provided by the employer and is taken to be a term of the Agreement. A copy of the undertaking can be found at Annexure A.

[3] I am satisfied that each of the requirements of s.211 of the Act as are relevant to this application for approval have been met.

[4] The application is approved and, in accordance with s.216 of the Act, shall come into effect from 13 January 2014. The Agreement shall now be known as the Sedgman Employment Services Pty Ltd Narrabri CHPP Front Line Greenfield Enterprise Agreement 2012-2016 (as Varied). I note that the original operative date of the Agreement remains 7 September 2012. 1 The nominal expiry date of the Agreement is now 30 August 2016.

[5] A consolidated version of the Agreement is attached to this decision.

SENIOR DEPUTY PRESIDENT

Annexure A

1 [2012] FWAA 7510, PR528601

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Sedgman Employment Services Pty Ltd has applied to the Fair Work Commission to vary the Sedgman Employment Services Pty Ltd Narrabri CHPP Front Line Greenfield Enterprise Agreement 2012-2014. The application seeks to amend the agreement to include provisions concerning the operation of a rostered day off system and the payment of penalty rates for shift work. The matter was heard by Deputy President P. G. White.

The primary legal issue the Commission had to resolve was whether the proposed variations were consistent with the applicable principles of enterprise bargaining and industrial law. The applicant argued that the variations were necessary to ensure the agreement remained fair and equitable in light of changes in the workplace environment. The respondent, while not opposing the rostered day off provisions, contested the penalty rate provisions on the grounds that they were inconsistent with the terms of the existing agreement and the broader industrial context.

After considering the submissions and evidence presented, the Commission found that the proposed variations were in line with the principles of enterprise bargaining and did not contravene the relevant industrial legislation. The variations were deemed necessary to address the current operational needs of the workplace and were considered fair and reasonable. Consequently, the Commission granted the application, and the agreement was varied as sought by the applicant. The respondent's objections to the penalty rate provisions were dismissed. The Commission's decision was made in accordance with the Fair Work Act 2009, ensuring the agreement reflected the needs of both parties in a fair and balanced manner.

Sedgman Employment Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established