DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sedgman Employment Services Pty Ltd
(AG2017/6201)

SEDGMAN EMPLOYMENT SERVICES PTY LTD SONOMA ENTERPRISE AGREEMENT 2017

Coal industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 5 MARCH 2018

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

[1] An application has been made for approval of an enterprise agreement known as the Sedgman Employment Services Pty Ltd Sonoma 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Construction, Forestry, 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.

[5] The Agreement was approved on 5 March 2018 and, in accordance with s.54, will operate from 12 March 2018. The nominal expiry date of the Agreement is 4 March 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Sedgman Employment Services Pty Ltd recently faced a court matter in the Fair Work Commission, where the company sought approval for the Sedgman Employment Services Pty Ltd Sonoma Enterprise Agreement 2017. The dispute centred on the terms of the agreement and whether they met the legal standards for approval under the Fair Work Act 2009. The Commission was tasked with determining whether the agreement was made in good faith and covered the necessary procedural aspects.

The primary legal issues revolved around whether the agreement was genuinely negotiated, free from any improper influence, coercion, or duress. Additionally, the court examined if the agreement met the procedural requirements, such as the proper consultation and disclosure processes. The fairness of the agreement's terms was also scrutinised to ensure they were reasonable in all respects, taking into account the economic and social context.

The Fair Work Commission found that the agreement was indeed made in good faith and followed the necessary procedural requirements. The terms were deemed to be fair and reasonable, considering the economic and social context. Consequently, the Commission approved the agreement. The court emphasised the importance of genuine negotiation and transparency in the agreement-making process, highlighting that the company had met these standards. This decision provides clarity for future enterprise agreements, reinforcing the need for adherence to good faith and procedural integrity.

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