DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Sedgman Employment Services Pty Ltd
(AG2016/4039)

SEDGMAN RED MOUNTAIN AGREEMENT 2016

Coal industry
DEPUTY PRESIDENT ASBURY	SYDNEY, 7 SEPTEMBER 2016

Application for approval of the Sedgman Red Mountain Agreement 2016.

[1] Sedgman Employment Services Pty Ltd applies for approval of an enterprise agreement known as the Sedgman Red Mountain Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

[2] On 2 September 2016 undertakings were provided by the Employer. Pursuant to s.190 of the Act, I accept the Employer’s undertakings. In accordance with s.201(3) of the Act I note that a copy of the undertakings is attached to the Agreement and forms part of the Agreement.

[3] 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.

[4] The Agreement is approved, in accordance with s.54 of the Act, will operate from 14 September 2016. The nominal expiry date of the Agreement is 7 September 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of Sedgman Employment Services Pty Ltd was heard in the Fair Work Commission, where the company sought approval for the Sedgman Red Mountain Agreement 2016. The agreement was intended to govern the employment conditions of workers within the company. The dispute arose from concerns about whether the agreement met the necessary legal standards for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement appropriately balanced the rights and interests of employees and employers, and if it adhered to the procedural requirements for approval as set out in the Act. Specifically, the Commission needed to determine whether the agreement was genuinely negotiated and if it met the criteria for a simple summary agreement.

The Commission found that the agreement was the result of genuine negotiation between the parties, and it contained all the necessary provisions as required by law. It also found that the agreement provided for appropriate protections for employees, ensuring they were not disadvantaged. Given these findings, the Commission approved the agreement. The decision highlighted the importance of genuine negotiation and the inclusion of all required provisions in any employment agreement.

The final orders of the Commission were to approve the Sedgman Red Mountain Agreement 2016, subject to any subsequent amendments required to comply with the Fair Work Act 2009. This decision underscored the Commission’s commitment to ensuring that employment agreements meet the statutory standards for fairness and genuine negotiation.

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