Seeg Holdings Pty Ltd T/A Seeg Holdings Pty Ltd Summary

[2022] FWCA 4597

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Seeg Holdings Pty Ltd T/A Seeg Holdings Pty Ltd

(AG2022/5277)

SEEG Holdings Pty Ltd Gold Coast Light Rail Stage 3 Project Enterprise Agreement 2022

Electrical contracting industry
COMMISSIONER JOHNS	MELBOURNE, 23 DECEMBER 2022

Application for approval of the SEEG Holdings Pty Ltd Gold Coast Light Rail Stage 3 Project Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the SEEG Holdings Pty Ltd Gold Coast Light Rail Stage 3 Project Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Seeg Holdings Pty Ltd T/A Seeg Holdings Pty Ltd. The Agreement is a single enterprise agreement.

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.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 December 2022. The nominal expiry date of the Agreement is 22 December 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Seeg Holdings Pty Ltd, trading as Seeg Holdings, was the subject of an application to the Fair Work Commission for approval of an enterprise agreement. The agreement in question was the SEEG Holdings Pty Ltd Gold Coast Light Rail Stage 3 Project Enterprise Agreement 2022. The dispute centred on whether the proposed agreement met the requirements under the Fair Work Act 2009 for registration and approval.

The legal issues before the Commission were primarily whether the agreement was made in good faith, whether it contained the mandatory terms required by the Act, and whether it complied with the process requirements for approval. The applicant needed to demonstrate that the agreement was made without any coercion and that it included all the mandatory terms, such as minimum wages and conditions, leave entitlements, and dispute resolution mechanisms. Additionally, the process for seeking approval, including the notification and consultation with employees, had to be scrutinised to ensure it met the legislative requirements.

The Fair Work Commission considered the evidence presented by Seeg Holdings and found that the agreement was made in good faith. It also determined that the agreement included all the mandatory terms required by the Act. Furthermore, the Commission was satisfied that the process for seeking approval was in accordance with the legislative requirements. As a result, the Commission approved the SEEG Holdings Pty Ltd Gold Coast Light Rail Stage 3 Project Enterprise Agreement 2022.

Seeg Holdings Pty Ltd T/A Seeg Holdings Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established