DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Seeley International Pty Ltd
(AG2015/4441)

SEELEY INTERNATIONAL SA ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 7 SEPTEMBER 2015

Application for approval of the Seeley International SA Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Seeley International SA Enterprise Agreement 2015 (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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 7 September 2015 and, in accordance with s.54, will operate from 14 September 2015. The nominal expiry date of the Agreement is 19 July 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The case involved Seeley International Pty Ltd, which applied for the approval of the Seeley International SA Enterprise Agreement 2015. The application was brought before the Fair Work Commission, Australia's national workplace relations tribunal. The dispute centred on the terms and conditions outlined in the proposed agreement, specifically whether the conditions met the statutory requirements for an enterprise agreement under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement complied with the formal requirements for approval and whether it contained terms that were contrary to the public interest. Additionally, the Commission had to determine if the agreement was made in good faith and whether it met the 'better off overall test', ensuring that employees were not disadvantaged by the terms of the agreement.

The Commission examined the application in detail, reviewing the negotiation process and the content of the agreement. It was found that the agreement met all formal requirements and was made in good faith. The Commission also determined that the agreement did not contain any terms contrary to the public interest and satisfied the better off overall test. Therefore, the application for approval of the Seeley International SA Enterprise Agreement 2015 was granted.

The final orders included the approval of the enterprise agreement, which would now apply to the relevant employees and employers. The decision underscored the importance of ensuring that enterprise agreements are negotiated fairly and provide a net benefit to the workforce.

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