DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sedgman Projects Employment Services Proprietary Limited
(AG2020/3775)

THE SEDGMAN PROJECTS ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT BOYCE	SYDNEY, 8 JANUARY 2021

Application for approval of the Sedgman Projects Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement to be known as the Sedgman Projects Enterprise Agreement 2020 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Sedgman Projects Employment Services Proprietary Limited (Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings dated 5 January 2021. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Building and Construction General On-Site Award 2010), and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, 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.

[4] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 January 2021. The nominal expiry date of the Agreement is 8 January 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves Sedgman Projects Employment Services Proprietary Limited, which sought approval of the Sedgman Projects Enterprise Agreement 2020. The application was heard in the Fair Work Commission, the body responsible for regulating workplace relations in Australia. The dispute centred on whether the proposed agreement met the legal standards for approval, specifically whether it provided fair and appropriate terms and conditions for the employees involved.

The legal issues before the Commission included whether the proposed agreement met the requirements under the Fair Work Act 2009. This included ensuring that the agreement was not less favourable than the applicable award or the national employment standards, and that it provided for procedural fairness in its negotiation. Additionally, the Commission had to consider whether the agreement was in the best interests of the employees and whether it complied with the process requirements under the Fair Work Act.

The Commission found that the proposed agreement was not less favourable than the relevant award or the national employment standards and that the negotiation process had been procedurally fair. The Commission also determined that the agreement was in the best interests of the employees, as it provided for a fair and reasonable set of terms and conditions. The Commission approved the agreement, noting that it met the necessary criteria under the Fair Work Act.

The Fair Work Commission approved the Sedgman Projects Enterprise Agreement 2020, finding it met the legal standards for approval under the Fair Work Act. The agreement was not less favourable than the applicable award or the national employment standards, and the negotiation process was procedurally fair. The Commission also found that the agreement was in the best interests of the employees and met the process requirements under the Act.

Sedgman Projects Employment Services Proprietary Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established