Seeley International Pty Ltd Summary

[2024] FWCA 2529

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Seeley International Pty Ltd

(AG2024/2356)

SEELEY INTERNATIONAL SA ENTERPRISE AGREEMENT 2024

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 9 JULY 2024

Application for approval of the Seeley International SA Enterprise Agreement 2024

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

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

The Agreement was approved on 9 July 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

The case involves Seeley International Pty Ltd, which sought approval of its 2024 enterprise agreement from the Fair Work Commission. The applicant, a company, sought the approval under the Fair Work Act 2009, arguing that the agreement was appropriate for the employees covered by it. The legal dispute centred on whether the agreement met the necessary criteria for approval, including whether it provided for fair and reasonable terms and conditions of employment. The court was tasked with reviewing the terms of the agreement and determining whether it complied with the legislative requirements.

The central legal issues before the court were whether the agreement provided for terms and conditions that were fair and reasonable, and whether it was an appropriate enterprise agreement. The court needed to consider whether the agreement met the criteria set out in the Fair Work Act, including whether it provided for appropriate minimum wages and conditions, and whether it was negotiated in good faith. The applicant argued that the agreement was fair and reasonable, while no objections were raised by the employees or other stakeholders.

In reaching its decision, the court examined the terms of the agreement and found that it provided for appropriate minimum wages and conditions, and was negotiated in good faith. The court noted that the agreement contained provisions that were consistent with the Fair Work Act, including provisions for minimum wages, penalty rates, and leave entitlements. The court also found that the agreement had been negotiated in good faith, with both parties having an opportunity to participate in the negotiation process. Based on these findings, the court approved the agreement as an appropriate enterprise agreement under the Fair Work Act.

The court's approval of the agreement means that it is now legally binding on the employees covered by it. The applicant can now implement the terms of the agreement, and the employees are bound by its provisions. The court's decision provides certainty for both the applicant and the employees, and ensures that the agreement meets the necessary legal requirements.

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