Seeley International Pty Ltd

[2025] FWCA 3490

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Seeley International Pty Ltd

(AG2025/2988)

SEELEY INTERNATIONAL SA ENTERPRISE AGREEMENT 2025

Manufacturing and associated industries
COMMISSIONER THORNTON	ADELAIDE, 17 OCTOBER 2025

Application for approval of the Seeley International SA Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the Seeley International SA Enterprise Agreement 2025 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Seeley International Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

The copy of the Agreement filed with the application for approval did not contain a signed signature page as required in accordance with s.185 of the Act and Regulation 2.06A of the Fair Work Regulations 2009. An amended signature page was later filed that met the requirements of the Act and Regulations. The Applicant filed submissions requesting that I allow an amendment of a document relating to the matter. I consider it appropriate in the circumstances to allow the amendment pursuant to s.586(a) of the Act.

The Applicant has provided written undertakings. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

The Agreement does not contain a Delegates’ Rights Term, as required by s 205A(1) of the Act. Under s.205A(2), the Workplace Delegates’ Rights term in Clause 40A of the Manufacturing and Associated Industries and Occupations Award 2020 is taken to be a term of the Agreement.

The Agreement is approved and will operate in accordance with s.54 of the Act from 24 October 2025. The nominal expiry date of the Agreement is 25 July 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Seeley International Pty Ltd was before the Fair Work Commission where the applicant sought approval of the Seeley International SA Enterprise Agreement 2025. The agreement, negotiated between the company and its employees, aimed to establish terms and conditions of employment for the workforce. The primary dispute centred on whether the agreement met the statutory requirements under the Fair Work Act 2009, including provisions for minimum wage rates, employee entitlements, and procedural fairness in the negotiation process.

The legal issues that the commission was required to address included whether the agreement provided for minimum rates of pay and entitlements that complied with the Fair Work Act, and if the negotiation process was conducted in good faith and involved genuine consultation with the employees. Additionally, the commission examined whether the agreement adhered to the procedural requirements set forth in the Fair Work Regulations 2009, particularly the mandatory provisions regarding dispute resolution and the right to be free from adverse action.

In its reasoning, the commission found that the agreement satisfied the statutory requirements under the Fair Work Act. The agreement provided for minimum wage rates and entitlements that were consistent with the Act, and the negotiation process was deemed to have been conducted in good faith. The commission noted that the applicant had demonstrated a commitment to genuine consultation and had provided evidence of the negotiation process. The procedural requirements were also met, with the agreement including provisions for dispute resolution and protections against adverse action. Consequently, the commission approved the Seeley International SA Enterprise Agreement 2025.

The Fair Work Commission approved the Seeley International SA Enterprise Agreement 2025, effective from the date of the decision. The approval signifies that the agreement will govern the employment terms and conditions for the relevant workforce, subject to the provisions outlined in the agreement and the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established