Sedgman Employment Services Pty Ltd Summary

[2023] FWCA 362

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Sedgman Employment Services Pty Ltd

(AG2023/54)

BYERWEN ENTERPRISE AGREEMENT 2022

Coal industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 6 FEBRUARY 2023

Application for approval of the Byerwen Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Byerwen Enterprise Agreement 2022 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of sections 186, 187 and 188 of the Act as are relevant to this application for approval have been met.

The Construction, Forestry, Maritime, Mining and Energy Union, the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union, and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, each being a bargaining representative for the Agreement, have given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers each organisation.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 13 February 2023. The nominal expiry date of the Agreement is 5 February 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Sedgman Employment Services Pty Ltd, an applicant seeking approval of the Byerwen Enterprise Agreement 2022. The matter was heard in the Fair Work Commission. The dispute centred on whether the agreement met the criteria for approval under the Fair Work Act 2009, particularly in terms of its provisions on employee conditions, dispute resolution, and procedural fairness.

The court had to determine if the agreement was genuinely negotiated, whether it covered the appropriate employees, and if it met the procedural requirements set out in the Act. Additionally, the court examined whether the agreement provided fair and reasonable terms and conditions for employees, including provisions for dispute resolution.

In its decision, the Fair Work Commission found that the agreement was genuinely negotiated and covered the correct employees. It also met all the procedural requirements. The Commission noted that the agreement provided for fair and reasonable terms and conditions, including adequate dispute resolution mechanisms. As such, the Commission approved the Byerwen Enterprise Agreement 2022.

The Fair Work Commission ordered the approval of the Byerwen Enterprise Agreement 2022, effective from the date of the decision. The agreement was to be registered with the Fair Work Ombudsman and would govern the employment terms and conditions of the covered employees.

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