Sedgman Operations Employment Services Pty Limited

Case

[2023] FWCA 1347

10 MAY 2023


[2023] FWCA 1347

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Sedgman Operations Employment Services Pty Limited

(AG2023/1069)

FOXLEIGH ENTERPRISE AGREEMENT 2023

Coal industry

COMMISSIONER SPENCER

BRISBANE, 10 MAY 2023

Application for approval of the Foxleigh Enterprise Agreement 2023

  1. An application has been made for approval of an enterprise agreement known as the Foxleigh Enterprise Agreement 2023 (the Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (the Act). It has been made by Sedgman Operations Employment Services Pty Limited (the Applicant). The Agreement is a single enterprise agreement.

  1. Subject to matters that have been addressed by way of undertakings, I am satisfied that each of the requirements of sections 186, 187 and 188 of the Act as are relevant to this application for approval have been met.

  1. As noted, pursuant to section 190(3), I have accepted undertakings from the employer. In accordance with sections 191(1) and 201(3) of the Act the undertakings are taken to be terms of the Agreement. A copy of the undertakings are attached to the Agreement.

  1. Pursuant to sections 202(4) and 205(2) of the Act, the model flexibility term and the model consultation terms prescribed by the Fair Work Regulations 2009 are taken to be terms of the Agreement.

  1. The Agreement is approved and, in accordance with section 54 of the Act, will operate from 17 May 2023. The nominal expiry date of the Agreement is 10 May 2026.

COMMISSIONER

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