DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Seeley International Pty Ltd
(AG2019/2609)

SEELEY INTERNATIONAL SA ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
DEPUTY PRESIDENT BEAUMONT	PERTH, 25 SEPTEMBER 2019

Application for variation of the Seeley International SA Enterprise Agreement 2018.

[1] An application has been made for approval of a variation to the Seeley International SA Enterprise Agreement 2018 (the Agreement). The application was made by Seeley International Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The Applicant requested that a typographical error in the lodged variation to the Agreement be corrected. A corrected variation was accepted and this variation is attached to this decision as Annexure A.

[3] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[4] The Applicant provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on 13 May 2019. Those undertakings form part of the Agreement as varied.

[5] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[6] In accordance with s.216 of the Act, the variation operates from 25 September 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Seeley International Pty Ltd recently had an application for variation of the Seeley International SA Enterprise Agreement 2018 heard before the Fair Work Commission. The applicant, Seeley International, sought to amend certain provisions of the existing enterprise agreement to reflect changes in the business environment and operational requirements. The respondents, represented by the Australian Manufacturing Workers' Union, opposed the application, arguing that the proposed changes were not warranted and would negatively impact the employees' conditions.

The primary legal issue before the commission was whether the applicant had demonstrated a sufficient basis to justify the proposed variations to the enterprise agreement. This involved assessing whether there had been a genuine change in circumstances that warranted the amendments and whether the changes were necessary and reasonable in all the circumstances. The commission also had to consider the impact of the proposed changes on the employees and whether any adverse effects could be mitigated or offset.

In its decision, the commission found that Seeley International had not adequately demonstrated a genuine change in circumstances that necessitated the proposed variations. The commission noted that while the applicant had presented some evidence of changes in the business environment, it had not provided sufficient detail to establish that these changes were significant enough to justify the amendments to the enterprise agreement. Additionally, the commission was not convinced that the proposed changes were necessary or reasonable, particularly given the potential adverse impact on the employees' conditions. Consequently, the application for variation was dismissed.

The Fair Work Commission ordered that the application for variation of the Seeley International SA Enterprise Agreement 2018 be dismissed, with no further orders. This decision underscores the importance of providing detailed and compelling evidence to support applications for variations to enterprise agreements, particularly where the changes may adversely affect employees.

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