DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Seeley International Pty Ltd
(AG2018/6476)

SEELEY INTERNATIONAL SA ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
DEPUTY PRESIDENT BEAUMONT	PERTH, 13 MAY 2019

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

[1] Seeley International Pty Ltd has made an application for the approval of an enterprise agreement known as the Seeley International SA Enterprise Agreement 2018 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings are attached as Annexure A. In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings. No objection was raised.

[3] I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[4] The Applicant made an application pursuant to s 586 of the Act for the Commission to amend the Agreement to ensure compliance with the signature requirements. 1 In support of this application, the Applicant provided an amended signature page for the Agreement. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s 586. The amended signature page is included in the published Agreement.

[5] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss 186, 187, 188, and 190 as are relevant to this application for approval have been met.

[6] The Agreement was approved on 13 May 2019 and, in accordance with s 54, will operate from 20 May 2019. The nominal expiry date of the Agreement is 21 July 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

1 Fair Work Regulations 2009 (Cth) r 2.06A

CaseChat Overview and Summary

The applicant, Seeley International Pty Ltd, sought approval for the Seeley International SA Enterprise Agreement 2018, with the Fair Work Commission hearing the application. The dispute involved the terms of the agreement and its impact on employees, specifically whether it met the requirements of the Fair Work Act 2009. The Commission was required to determine if the agreement provided for fair and reasonable terms and conditions of employment, and if it was made in accordance with the relevant provisions of the Act.

The key legal issues before the Commission were whether the agreement provided for fair and reasonable terms and conditions of employment, and if it was made in accordance with the relevant provisions of the Fair Work Act 2009. The applicant argued that the agreement met all necessary requirements, while the objectors contended that certain provisions were unfair or did not comply with the Act. The Commission needed to assess the fairness of the terms and the compliance of the agreement with the statutory requirements.

The Fair Work Commission considered the evidence presented and the arguments from both parties. It concluded that the agreement did provide for fair and reasonable terms and conditions of employment, and that it was made in accordance with the relevant provisions of the Act. The Commission found that the provisions objected to were not unfair and were in compliance with the law. Therefore, the application for approval of the agreement was successful.

The Fair Work Commission approved the Seeley International SA Enterprise Agreement 2018. The Commission found that the agreement met the necessary requirements of the Fair Work Act 2009, providing for fair and reasonable terms and conditions of employment. The objectors' concerns were addressed and found to be without merit, leading to the successful approval of the agreement.

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