Sedgman Labour Services Pty Limited
[2025] FWCA 580
•13 FEBRUARY 2025
| [2025] FWCA 580 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Sedgman Labour Services Pty Limited
(AG2025/184)
SEDGMAN LABOUR SERVICES ENTERPRISE AGREEMENT 2025
| Coal industry | |
| DEPUTY PRESIDENT DOBSON | BRISBANE, 13 FEBRUARY 2025 |
Application for approval of the Sedgman Labour Services Enterprise Agreement 2025
This decision deals with an application made for approval of an enterprise agreement known as the Sedgman Labour Services Enterprise Agreement 2025 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Sedgman Labour Services Pty Limited (the Applicant).
This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act.
The Applicant has provided written undertakings. 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.
The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.
Pursuant to s.190(3) of the Act, I accept the undertakings.
Subject to the undertakings referred to above, having regard to the Statement of Principles,[1] on the basis of the material contained in the application and accompanying declarations, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.
In accordance with s. 187(5)(a) of the Act, I am satisfied that the Mining and Energy Union (MEU) 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.
Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the MEU and that the Agreement covers this organisation.
The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 12 February 2027.
DEPUTY PRESIDENT
[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.
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