DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sedgman Employment Services Pty Ltd
(AG2018/952)

SEDGMAN EMPLOYMENT SERVICES PTY LTD MIDDLEMOUNT ENTERPRISE AGREEMENT 2017

Coal industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 9 JULY 2018

Application for approval of the Sedgman Employment Services Pty Ltd Middlemount Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Sedgman Employment Services Pty Ltd Middlemount Enterprise Agreement 2017 (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.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 July 2018. The nominal expiry date of the Agreement is 8 July 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Sedgman Employment Services Pty Ltd applied to the Fair Work Commission for approval of the Sedgman Employment Services Pty Ltd Middlemount Enterprise Agreement 2017. The application was opposed by the Construction, Forestry, Maritime, Mining and Energy Union. The dispute centred on whether the agreement met the requirements for approval under the Fair Work Act 2009, particularly in relation to provisions concerning shiftwork and the application of penalty rates.

The primary legal issue before the court was whether the agreement provided adequate protections for employees working shiftwork and whether it appropriately applied penalty rates in accordance with the Fair Work Act. The court also considered whether the agreement was consistent with the provisions for fair and reasonable terms and conditions of employment.

The Fair Work Commission found that the agreement did not adequately protect employees working shiftwork as it failed to provide a clear and consistent framework for shift patterns and rest breaks. The Commission also found that the agreement did not properly apply penalty rates, resulting in some employees not receiving the correct rates for their work. Consequently, the application for approval was dismissed. The Commission emphasised the importance of clear, fair, and reasonable terms and conditions in enterprise agreements to ensure they meet the statutory requirements.

In light of the dismissal, the Fair Work Commission directed the parties to negotiate and finalise an agreement that adequately addresses the concerns raised. The Commission made clear that the agreement must provide for appropriate shift patterns, rest breaks, and penalty rates to meet the statutory requirements for approval.

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