Sedgman Operations Employment Services Pty Ltd

[2019] FWCA 8663

[2019] FWCA 8663

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sedgman Operations Employment Services Pty Ltd
(AG2019/4686)

SEDGMAN RED MOUNTAIN AGREEMENT 2019

Coal industry
COMMISSIONER PLATT	ADELAIDE, 23 DECEMBER 2019

Application for approval of the Sedgman Red Mountain Agreement 2019.

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

[2] The matter was allocated to my Chambers on 13 December 2019.

[3] On 18 December 2019, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including through the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 19 December 2019. The undertaking deals with the following topics:

•  Full time or Fixed Term employees working Monday to Friday will be entitled to 15 days personal leave per annum and employees on an even time roster will be entitled to 10.5 working days of paid personal leave per annum.

•  An employee must notify the Applicant as soon as practicable (which may be a time after the leave has started) of their inability to attend for duty and as far as practicable state the nature of the illness or injury and estimated duration of the absence.

•  In relation to annual leave, a full time Monday to Friday, six day roster or weekend roster employee is entitled to 5 weeks annual leave per annum and a seven day roster employee is entitled to 6 weeks annual leave per annum.

•  The Applicant has inserted a National Employment Standards (NES) precedence clause.

•  The parental leave provisions of the NES will apply as a minimum and are deemed to form part of the Agreement.

[5] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives did not express any view on the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] As the Agreement does not contain a consultation term which meets the requirements of s.205 of the Act, the model consultation term is taken to be a term of the Agreement.

[8] As the Agreement does not contain a flexibility term which meets the requirements of s.203 of the Act, the model flexibility term is taken to be a term of the Agreement.

[9] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the Construction, Forestry, Maritime, Mining and Energy Union, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers these organisations.

[10] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[11] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 22 December 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE506595  PR715537>