Sedgman Projects Employment Services Pty Ltd Summary

[2025] FWCA 547

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Sedgman Projects Employment Services Pty Ltd

(AG2025/36)

THE SEDGMAN PROJECTS ENTERPRISE AGREEMENT 2025

Building, metal and civil construction industries
DEPUTY PRESIDENT BOYCE	SYDNEY, 11 FEBRUARY 2025

Application for approval of The Sedgman Projects Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement to be known as The Sedgman Projects Enterprise Agreement 2025 (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 Pty Ltd (Employer). The Agreement is a single enterprise agreement.

Undertakings

The Employer has provided written undertakings dated 11 February 2025. 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 2020) and that the undertakings will not result in substantial changes to the Agreement.

Coverage of employee organisation(s)

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), 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.

Model and/or flexibility clause

Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

Conclusion

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act, as are relevant to this application for approval, have been met.

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

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 February 2025. The nominal expiry date of the Agreement is 11 February 2029.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The matter before the court involved Sedgman Projects Employment Services Pty Ltd, which sought approval of a proposed enterprise agreement. The agreement, referred to as The Sedgman Projects Enterprise Agreement 2025, was the subject of dispute between the company and its employees. The primary concern was whether the agreement met the necessary legal standards and requirements under the Fair Work Act 2009. The case was heard in the Fair Work Commission, which is the relevant body for such disputes in Australia.

The legal issues that the court had to address were whether the proposed agreement was a "better off overall test" compliant enterprise agreement and if it met the requirements of the Fair Work Act 2009. Specifically, the court had to determine if the agreement provided employees with benefits that were at least as good as those they would have received under the relevant award or registered agreement. Additionally, the court considered if the agreement was in compliance with the procedural requirements and was made in good faith.

In reaching its decision, the court examined the proposed agreement and the evidence provided by both parties. The Fair Work Commission found that the agreement was compliant with the "better off overall test" and met the procedural requirements of the Fair Work Act 2009. The court considered the evidence presented and determined that the agreement provided employees with benefits that were at least as good as those they would have received under the relevant award or registered agreement. The court also found that the agreement was made in good faith and met all the necessary requirements under the Act. Consequently, the court approved the proposed agreement.

As a result of the court's decision, the Fair Work Commission approved The Sedgman Projects Enterprise Agreement 2025, and it came into effect on the date specified in the agreement. This outcome meant that the employees of Sedgman Projects Employment Services Pty Ltd would be governed by the terms and conditions of the approved enterprise agreement, rather than the relevant award or registered agreement. The decision provided clarity and certainty for both the employer and the employees involved in this case.

Sedgman Projects Employment Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established