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

Printed by authority of the Commonwealth Government Printer

Annexure A.

CaseChat Overview and Summary

The matter before the Fair Work Commission (FWC) involved an application by Sedgman Operations Employment Services Pty Ltd (Sedgman) for approval of the Foxleigh Enterprise Agreement 2019. The application came before the Commission in response to the submission of the Agreement by the parties involved under section 230 of the Fair Work Act 2009 (Cth). The dispute centred on whether the Agreement met the legal requirements for approval, particularly regarding its impact on employees’ conditions and the procedural fairness of the bargaining process.

The legal issues that the FWC was required to address included whether the Agreement provided for a safety net of minimum wages and conditions, whether the Agreement was genuinely negotiated, and whether the approval process was procedurally fair. The FWC had to assess the provisions of the Agreement to ensure they did not undermine the minimum standards set by the National Employment Standards and other applicable awards. Additionally, the FWC had to determine if the Agreement was the product of genuine bargaining and if the bargaining process adhered to the requirements of procedural fairness.

In delivering its decision, the FWC found that the Agreement did provide for a safety net of minimum wages and conditions, thereby satisfying the statutory requirements under the Fair Work Act. The Commission determined that the Agreement was genuinely negotiated, as evidenced by the extensive discussions and compromises made by the parties. The FWC also concluded that the approval process was procedurally fair, as all necessary steps were followed, and all parties had an opportunity to be heard. Consequently, the FWC approved the Foxleigh Enterprise Agreement 2019, recognising its compliance with the statutory framework.

The FWC’s decision was final and binding, with the approved Agreement now serving as the basis for the employment conditions of the relevant employees. The FWC’s approval was contingent upon continued compliance with the terms of the Agreement and adherence to the statutory requirements moving forward.

Sedgman Operations Employment Services Pty Ltd

DECISION

Annexure A.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established