Sedgman Operations Employment Services Pty Ltd

[2020] FWCA 1016

[2020] FWCA 1016

FAIR WORK COMMISSION

DECISION

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

Sedgman Operations Employment Services Pty Ltd
(AG2019/4955)

FOXLEIGH ENTERPRISE AGREEMENT 2019

Coal industry
COMMISSIONER SPENCER	BRISBANE, 2 MARCH 2020

Application for approval of the Foxleigh Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Foxleigh Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Sedgman Operations Employment Services Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

[2] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) advised the Commission that they had concerns about the content of the Agreement. The CFMMEU was not a bargaining representative and did not seek to be covered by the Agreement. The CFMMEU made submissions regarding the Agreement which were addressed by the Applicant in undertakings provided to the Commission.

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

[4] As noted, pursuant to s.190(3), I have accepted undertakings from the employer in relation to concerns identified by the Commission and the CFMMEU. Pursuant to s.190(4) of the Act I sought the views of the employee bargaining representatives for the Agreement and the CFMMEU.

[5] In accordance with ss.191(1) and 201(3) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to the Agreement and at Annexure A of this decision.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 March 2020. The nominal expiry date of the Agreement is 2 March 2023.

COMMISSIONER

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Annexure A.