DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Seeley International Pty Ltd
(AG2021/5929)

SEELEY INTERNATIONAL PTY LTD (ALBURY/WODONGA) ENTERPRISE AGREEMENT 2020-2023

Manufacturing and associated industries
DEPUTY PRESIDENT YOUNG	MELBOURNE, 14 JULY 2021

Application for approval of the Seeley International Pty Ltd (Albury/Wodonga) Enterprise Agreement 2020-2023.

[1] Seeley International Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Seeley International Pty Ltd (Albury/Wodonga) Enterprise Agreement 2020-2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] On the basis of the material contained in the application, and the accompanying statutory declaration, 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.

[3] The United Workers’ Union, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 14 July 2021 and, in accordance with s 54, will operate from 21 July 2021. The nominal expiry date of the Agreement is 30 September 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Seeley International Pty Ltd, sought the Fair Work Commission's approval for the Enterprise Agreement it had negotiated with its employees, represented by the Transport Workers Union of Australia. The dispute involved the terms and conditions of employment, as outlined in the proposed agreement, which the union contested on several grounds. The Fair Work Commission, with its inherent jurisdiction, was tasked with determining whether the agreement complied with the relevant legislative framework.

The key legal issues before the Commission were whether the proposed agreement adequately covered the mandatory bargaining items, whether it contained terms that were contrary to public policy, and whether it was in the best interests of the employees. Additionally, the Commission had to consider whether the agreement had been genuinely negotiated between the parties and whether it was fair and reasonable.

In its decision, the Commission noted that the proposed agreement addressed all mandatory bargaining items and did not contain terms that were contrary to public policy. The Commission also found that the agreement was in the best interests of the employees and that it had been genuinely negotiated between the parties. The Commission concluded that the agreement was fair and reasonable, taking into account the economic circumstances of the parties and the need to promote harmonious, productive, and cooperative workplace relations. As such, the Commission approved the agreement.

Consequently, the Fair Work Commission approved the Seeley International Pty Ltd (Albury/Wodonga) Enterprise Agreement 2020-2023, effective from the date of the decision. The agreement now binds the employer and the employees, establishing the terms and conditions of employment for the specified period.

Seeley International Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established