Sedgman Labour Services Pty Limited Summary

[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.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Sedgman Labour Services Pty Limited applied for the approval of the Sedgman Labour Services Enterprise Agreement 2025. The applicant, a labour hire company, sought to have the agreement recognised as a registered agreement under the Fair Work Act 2009. The dispute involved the terms and conditions of employment for the workers covered by the agreement, including wages, hours of work, leave entitlements, and other employment-related matters.

The central legal issues before the Commission were whether the agreement complied with the relevant provisions of the Fair Work Act and the Fair Work Regulations. This included examining whether the agreement had been genuinely negotiated, whether it met the statutory minimum standards, and whether it was in the best interests of the employees. The Commission also needed to determine whether the agreement was fair and reasonable and whether it provided for the effective resolution of workplace disputes.

The Commission examined the processes involved in negotiating the agreement and concluded that the applicant had genuinely negotiated the agreement with the relevant union. It found that the agreement met the statutory minimum standards and provided for fair and reasonable terms and conditions of employment. The Commission considered the evidence provided by both parties and determined that the agreement was in the best interests of the employees. The Commission was satisfied that the agreement provided for the effective resolution of workplace disputes and approved the agreement as a registered agreement.

The Commission made orders approving the Sedgman Labour Services Enterprise Agreement 2025 as a registered agreement under the Fair Work Act. The agreement will now apply to the employees covered by it and will provide a framework for their terms and conditions of employment. The approval of the agreement ensures that the employees have a fair and reasonable agreement that meets the statutory minimum standards and provides for the effective resolution of workplace disputes.

Sedgman Labour Services Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established