DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Seeley International Pty Ltd
(AG2016/1339)

THE SEELEY INTERNATIONAL PTY LTD (ALBURY) ENTERPRISE AGREEMENT 2014-2017

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 16 JUNE 2016

Application for approval of The Seeley International Pty Ltd (Albury) Enterprise Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as The Seeley International Pty Ltd (Albury) Enterprise Agreement 2014-2017 (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 Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] Subject to the undertakings referred to above, 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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 June 2016. The nominal expiry date of the Agreement is 30 September 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The case involves an application by the Fair Work Commission (FWC) to approve an enterprise agreement between Seeley International Pty Ltd and its employees, known as The Seeley International Pty Ltd (Albury) Enterprise Agreement 2014-2017. The dispute arose because of disagreements about whether the agreement met the legal standards for approval under the Fair Work Act 2009. The FWC was tasked with determining if the agreement was fairly and properly negotiated and if it complied with all relevant provisions of the Act.

The key legal issues before the FWC were whether the agreement was genuinely negotiated and if it adhered to the procedural requirements outlined in the Act. Specifically, the FWC had to assess if the negotiation process was free from coercion, undue influence, and if the agreement contained all necessary terms as required by the Act. Additionally, the FWC considered if the agreement met the 'better off overall test' (BOOT) which ensures that employees are not worse off than under the applicable award.

In its decision, the FWC examined the evidence presented regarding the negotiation process and found that the agreement was genuinely negotiated without any coercion or undue influence. The FWC concluded that the negotiation process was fair and transparent, and all procedural requirements were satisfied. Furthermore, the FWC determined that the agreement complied with the BOOT, providing employees with benefits that made them better off overall compared to the applicable award. Consequently, the FWC approved the agreement, finding it met all legal standards for approval.

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