Sedgman Employment Services Pty Ltd

[2019] FWCA 1924

[2019] FWCA 1924

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sedgman Employment Services Pty Ltd
(AG2018/6066)

SEDGMAN EMPLOYMENT SERVICES PTY LTD MOUNT PLEASANT ENTERPRISE AGREEMENT 2018

Coal industry
COMMISSIONER JOHNS	MELBOURNE, 25 MARCH 2019

Application for approval of the Sedgman Employment Services Pty Ltd Mount Pleasant Enterprise Agreement 2018.

[1] An application has been made for approval of a greenfields agreement known as the Sedgman Employment Services Pty Ltd Mount Pleasant Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). The Agreement is a greenfields agreement. It has been made by Sedgman Employment Services Pty Ltd.

[2] I am satisfied that each of the requirements of ss.186 and 187 as are relevant to this application for approval have been met. In particular, I am satisfied that the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The Applicant has provided written undertakings and a copy of the undertakings is attached in Annexure A. In accordance with s.191(2) of the Act, the undertakings are taken to be a term of the Agreement.

[4] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the CFMMEU and that the Agreement covers this organisation.

[5] The Agreement is approved. In accordance with s.54(1) of the Act it will operate from 1 April 2019. The nominal expiry date of the Agreement is 24 March 2023.

COMMISSIONER

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Annexure A