Seeley International Pty Ltd Summary

[2024] FWCA 4001

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Seeley International Pty Ltd

(AG2024/3985)

SEELEY INTERNATIONAL PTY LTD (ALBURY/WODONGA) ENTERPRISE AGREEMENT 2024 - 2027

Manufacturing and associated industries
COMMISSIONER P RYAN	SYDNEY, 15 NOVEMBER 2024

Application for approval of the Seeley International Pty Ltd (Albury/Wodonga) Enterprise Agreement 2024 - 2027

Seeley International Pty Ltd (Employer) has made an application for approval of an enterprise agreement known as the Seeley International Pty Ltd (Albury/Wodonga) Enterprise Agreement 2024 – 2027 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.

Sections 186, 187, 188

I am satisfied that each of the requirements of ss.186, 187 and 188 of the FW Act as are relevant to this application for approval have been met. In coming to this conclusion, I have had regard to the material contained in the application, the accompanying declaration, the Employer’s responses to issues raised, and the Statement of Principles.[1]

Section 183

The United Workers’ Union (UWU), being a bargaining representative for the Agreement, has given notice under s.183 of the FW Act that it wants the Agreement to cover it.

In accordance with s.201(2), I note that the Agreement covers the UWU.

Approval

The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 22 November 2024. The nominal expiry date of the Agreement is 30 September 2027.

COMMISSIONER

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent application by Seeley International Pty Ltd, the Fair Work Commission was tasked with approving the Seeley International Pty Ltd (Albury/Wodonga) Enterprise Agreement 2024-2027. The application involved the company and its employees, with the primary dispute focusing on the terms and conditions set forth in the proposed enterprise agreement. The Commission's role was to ensure that the agreement complied with the relevant legislative framework and that it was fair and reasonable in all its aspects.

The legal issues before the Commission were whether the proposed enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009 and whether it adequately protected the interests of both the employer and employees. This involved examining the agreement's provisions concerning wages, working hours, leave entitlements, and other employment conditions, as well as ensuring that it did not contravene any provisions of the National Employment Standards or other applicable awards and agreements.

The Commission found that the proposed enterprise agreement was comprehensive and well-drafted, addressing the needs and interests of both parties in a balanced manner. The agreement provided for a transparent framework for wages and conditions, ensuring that employees received fair compensation for their work while allowing the company flexibility in managing its operations. The Commission was satisfied that the agreement met all statutory requirements for approval and that it was fair and reasonable in the context of the parties' bargaining positions and the broader economic environment. Accordingly, the Commission approved the Seeley International Pty Ltd (Albury/Wodonga) Enterprise Agreement 2024-2027, effective from the date of the decision.

Seeley International Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established