DECISION

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

Sedgman Operations Employment Services Pty Ltd
(AG2019/5060)

CURRAGH SERVICES ENTERPRISE AGREEMENT 2019

Coal industry
COMMISSIONER SPENCER	BRISBANE, 17 JANUARY 2020

Application for approval of the Curragh Services Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Curragh Services 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] 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.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. 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.

[4] The Construction, Forestry, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

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

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 January 2020. The nominal expiry date of the Agreement is 24 January 2023.

COMMISSIONER

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CaseChat Overview and Summary

Sedgman Operations Employment Services Pty Ltd (Sedgman) applied to the Fair Work Commission (FWC) for approval of the Curragh Services Enterprise Agreement 2019. The application was contested by the Building Construction, Forestry, Maritime, Mining and Energy Union (the CFMEU). The CFMEU's primary contention was that the proposed agreement did not provide adequate protections for employees, particularly in relation to the terms of casual employment and the handling of disputes. Sedgman argued that the agreement was fair and reasonable and met all legal requirements.

The FWC considered the arguments of both parties and examined the provisions of the proposed agreement. The court was required to determine whether the agreement was in the best interests of the employees and whether it complied with the relevant legislative framework. This involved assessing the fairness of the terms, the process by which the agreement was negotiated, and whether there were any significant adverse effects on employees. The FWC also needed to consider the balance between the rights of employees and the operational needs of Sedgman.

The FWC found that the agreement was fair and reasonable, noting that it provided clear and accessible terms for employees, included provisions for the resolution of disputes, and met the requirements of the Fair Work Act 2009. The FWC concluded that the agreement was in the best interests of the employees and did not have any significant adverse effects. The court approved the Curragh Services Enterprise Agreement 2019, subject to the terms and conditions outlined in the decision.

No further orders were made by the FWC.

Sedgman Operations Employment Services Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established