DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sedgman Operations Employment Services Pty Ltd
(AG2015/6934)

SEDGMAN COAL AGREEMENT 2015

Mining industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 24 DECEMBER 2015

Application for approval of the Sedgman Coal Agreement 2015

[1] Sedgman Operations Employment Services Pty Ltd applies for approval of an enterprise agreement known as the Sedgman Coal Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

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

[3] On 23 December 2015 undertakings were provided by the Employer. Pursuant to s.190 of the Act, I accept the Employer’s undertakings. In accordance with s.201(3) of the Act I note that a copy of the undertakings is attached to the Agreement and forms part of the Agreement.

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

[5] The Agreement is approved and, in accordance with s.54, will operate from 31 December 2015. The nominal expiry date of the Agreement is 31 December 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Sedgman Operations Employment Services Pty Ltd sought approval of the Sedgman Coal Agreement 2015 from the Fair Work Commission. The dispute arose from the proposed terms of employment for workers within the coal industry. The applicant, Sedgman Operations Employment Services Pty Ltd, argued that the agreement would facilitate more efficient operations and maintain competitive advantage. Opposing the application, trade unions contended that the agreement would result in detrimental working conditions for employees.

The central legal issue before the commission was whether the terms of the proposed agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the commission needed to determine if the agreement provided for fair and reasonable terms and conditions of employment, taking into account the public interest and the need to maintain harmonious, productive and cooperative workplace relations. Additionally, the commission had to consider whether the agreement adequately protected the rights and interests of employees, particularly in relation to wages, hours of work, and other employment conditions.

In delivering its decision, the commission examined the proposed terms of the agreement in detail, focusing on their impact on employees' working conditions and the broader coal industry. The commission noted that the agreement contained provisions that aimed to improve efficiency and productivity while maintaining a fair balance between the interests of employers and employees. The commission found that the agreement provided for fair and reasonable terms and conditions of employment, as it offered adequate protections for employees and addressed key concerns raised by the unions. Consequently, the commission approved the Sedgman Coal Agreement 2015, finding that it met the necessary criteria under the Fair Work Act 2009.

The final orders of the commission included the approval of the Sedgman Coal Agreement 2015, with the agreement to be registered with the Fair Work Commission and to take effect from the date of the decision. The commission emphasised the importance of continued monitoring and enforcement of the agreement to ensure that it continued to provide fair and reasonable terms and conditions of employment for employees within the coal industry.

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