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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves Sedgman Employment Services Pty Ltd and its employees, who are members of the Electrical Trades Union of Australia. The dispute centred around the approval of the Sedgman Employment Services Pty Ltd Mount Pleasant Enterprise Agreement 2018. The Fair Work Commission was tasked with determining whether the agreement should be certified as a modern award. The legal issues before the court included whether the agreement met the statutory requirements for certification and whether the agreement was genuinely negotiated between the parties. The court had to consider the procedural fairness of the negotiation process and the content of the agreement in the context of the Fair Work Act 2009.

In addressing these issues, the court examined the evidence provided regarding the negotiation process and the content of the agreement. The court found that the negotiation process was procedurally fair, as both parties had an opportunity to participate and contribute to the agreement. The court also considered whether the agreement provided for a fair and reasonable outcome for both the employer and employees. After reviewing the agreement's provisions, the court determined that it met the statutory requirements for certification. The court found that the agreement contained provisions that were fair and reasonable, and that it was genuinely negotiated between the parties.

Based on its findings, the court certified the Sedgman Employment Services Pty Ltd Mount Pleasant Enterprise Agreement 2018 as a modern award. The court acknowledged that the agreement contained provisions that were not entirely in favour of either party, but found that the overall balance was fair and reasonable. The court noted that the agreement provided for a flexible and efficient workplace, while also ensuring that employees' rights and conditions were protected. The court's decision was based on a careful consideration of the evidence and the statutory requirements for certification.

Sedgman Employment Services 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