Sedgman Employment Services Pty Ltd

[2022] FWCA 1512

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Sedgman Employment Services Pty Ltd

(AG2022/1120)

Sonoma Enterprise Agreement 2021

Coal industry
COMMISSIONER WILLIAMS	PERTH, 4 MAY 2022

Application for approval of the Sonoma Enterprise Agreement 2021

An application has been made for approval of an enterprise agreement known as the Sonoma Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Sedgman Employment Services Pty Ltd. The Agreement is a single enterprise agreement.

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.

The Construction, Forestry, Maritime, Mining and Energy Union 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 May 2022. The nominal expiry date of the Agreement is 3 May 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case of Sedgman Employment Services Pty Ltd, the Fair Work Commission was presented with an application for the approval of the Sonoma Enterprise Agreement 2021. This agreement was proposed between Sedgman Employment Services Pty Ltd, an employer in the labour hire industry, and its employees who are covered by the agreement. The dispute centred on the terms and conditions of employment set forth in the agreement, including wages, hours of work, and other employment-related matters. The Commission's role was to determine whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issues the Commission had to address were whether the agreement provided for a fair and reasonable minimum terms and conditions of employment and whether it complied with the procedural requirements for approval. Specifically, the Commission needed to consider whether the agreement was made in good faith and whether it provided for the employees' rights and protections as required by the Act. Additionally, the Commission had to assess whether there was adequate consultation and negotiation between the parties during the agreement's formation.

In delivering its decision, the Commission examined the evidence presented by both parties regarding the negotiation process and the terms of the agreement. The Commission noted that the employer had demonstrated a genuine attempt to consult and negotiate with the employees' representatives. The Commission found that the proposed agreement provided for fair and reasonable minimum terms and conditions, taking into account the nature of the industry and the economic context. The Commission also confirmed that the procedural requirements for approval were met, including the provision of necessary information to the employees and the opportunity for consultation. Based on these findings, the Commission approved the Sonoma Enterprise Agreement 2021.

The Commission's final orders included the approval of the Sonoma Enterprise Agreement 2021, effective from the date specified in the agreement. The agreement now sets the minimum terms and conditions of employment for the employees covered by it, subject to any applicable awards or registered agreements. This decision provides certainty for both the employer and the employees regarding their rights and obligations under the approved agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established