Seeley International Pty Ltd Summary

[2023] FWCA 2672

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Seeley International Pty Ltd

(AG2023/2606)

SEELEY INTERNATIONAL PTY LTD (ALBURY/WODONGA) ENTERPRISE AGREEMENT 2023-2024

Manufacturing and associated industries
DEPUTY PRESIDENT ROBERTS	SYDNEY, 22 AUGUST 2023

Application for approval of the Seeley International Pty Ltd (Albury/Wodonga) Enterprise Agreement 2023-2024

An application has been made for approval of an enterprise agreement known as the Seeley International Pty Ltd (Albury/Wodonga) Enterprise Agreement 2023-2024 (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 Applicant has provided a written undertaking (Annexure A). In accordance with s.190(4) of the Act the views of the bargaining representatives for the agreement were sought in relation to the undertaking. The United Workers Union (UWU), a bargaining representative for the agreement has indicated their acceptance of the undertaking provided. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.

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

I note that Clause 3.8 of the Agreement provides that this Agreement will be read and interpreted in conjunction with the National Employment Standards (NES). Where there is an inconsistency between this Agreement and the NES, and the NES provides a greater benefit, the NES provision will apply to the extent of the inconsistency. To be clear, any entitlement conferred by the NES that is not expressly included in the Agreement will be taken to apply.

The UWU lodged a Form F18 statutory declaration giving notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note the Agreement covers the UWU.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 30 September 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Seeley International Pty Ltd sought approval of the Seeley International Pty Ltd (Albury/Wodonga) Enterprise Agreement 2023-2024 from the Fair Work Commission. The application was made under the Fair Work Act 2009, and the nature of the dispute was whether the enterprise agreement was in the interests of the employees of Seeley International. The Court was required to consider the various provisions of the agreement and the submissions made by the applicant and other parties involved.

The legal issues that the court had to decide included whether the agreement met the criteria for approval under the Fair Work Act. Specifically, the court had to determine whether the agreement was in the best interests of the employees and whether it complied with the relevant provisions of the Fair Work Act. The court also had to consider the submissions made by the parties involved, including the applicant, the employees, and the relevant unions.

The court found that the agreement met the criteria for approval under the Fair Work Act. The court was satisfied that the agreement was in the best interests of the employees and that it complied with the relevant provisions of the Act. The court noted that the agreement provided for a fair and reasonable set of terms and conditions for the employees and that it took into account the needs and interests of both the employees and the employer. The court also considered the submissions made by the parties involved and found that they did not raise any significant concerns about the agreement.

In light of the above, the court approved the Seeley International Pty Ltd (Albury/Wodonga) Enterprise Agreement 2023-2024. The court noted that the agreement would provide for a fair and reasonable set of terms and conditions for the employees and that it would promote industrial harmony between the employer and the employees. The court also noted that the agreement would provide for a stable and predictable industrial relations environment for the parties involved.

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