Sedgman Operations Employment Services Pty Limited Summary

[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

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.

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.

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.

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.

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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CaseChat Overview and Summary

Sedgman Operations Employment Services Pty Limited applied to the Fair Work Commission (FWC) for approval of the Foxleigh Enterprise Agreement 2023. The applicant and the union representing the employees disputed the terms and conditions of employment set out in the proposed agreement. The dispute centred on the interpretation and application of relevant provisions of the Fair Work Act 2009, particularly regarding the procedural fairness and the substantive fairness of the agreement. The union argued that the agreement did not adequately protect employee rights and interests, while the applicant contended that the agreement was fair and reasonable.

The legal issues before the FWC involved determining whether the agreement complied with the procedural and substantive fairness requirements under the Fair Work Act. Procedural fairness required that the agreement was negotiated in good faith and that the union had a genuine opportunity to participate in the negotiation process. Substantive fairness concerned whether the terms and conditions of the agreement were fair and reasonable, taking into account the interests of both employees and the employer.

After examining the evidence and submissions, the FWC found that the agreement was negotiated in good faith and that the union had a genuine opportunity to participate in the negotiation process. The FWC also determined that the terms and conditions of the agreement were fair and reasonable, taking into account the interests of both employees and the employer. The FWC approved the Foxleigh Enterprise Agreement 2023, finding it met the necessary requirements under the Fair Work Act. The union's application for additional protections was dismissed.

Sedgman Operations Employment 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