Seeley International Pty Ltd T/A Seeley International

[2022] FWCA 557

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Seeley International Pty Ltd T/A Seeley International

(AG2022/176)

Seeley International SA Enterprise Agreement 2021

Manufacturing and associated industries
COMMISSIONER PLATT	ADELAIDE, 18 FEBRUARY 2022

Application for approval of the Seeley International SA Enterprise Agreement 2021

An application has been made for approval of an enterprise agreement known as the Seeley International SA Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Seeley International Pty Ltd T/A Seeley International (the Applicant). The agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 17 February 2022 and was determined on the papers.

I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 25 July 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Seeley International Pty Ltd, trading as Seeley International, applied for approval of the Seeley International SA Enterprise Agreement 2021. The dispute arose under the Fair Work Act 2009 (Cth), where the applicant sought the Fair Work Commission's (FWC) approval of the proposed enterprise agreement. The FWC was tasked with determining whether the agreement met the necessary criteria for registration, including whether it provided for fair and reasonable terms and conditions of employment.

The legal issues before the FWC involved assessing the fairness and reasonableness of the proposed agreement's terms, particularly in relation to pay rates, leave entitlements, and procedural fairness in the bargaining process. The FWC had to consider whether the agreement was made in good faith, whether it provided for fair and reasonable terms and conditions, and whether it was appropriately registered. The applicant argued that the agreement reflected the terms and conditions of employment agreed upon by the parties, while the respondent raised concerns about specific clauses.

The FWC found that the applicant had demonstrated that the agreement was made in good faith and met the requirements of procedural fairness. The FWC considered the evidence provided regarding the bargaining process and found that the agreement reflected the terms and conditions of employment agreed upon by the parties. The FWC also found that the terms and conditions of the agreement were fair and reasonable. Therefore, the FWC approved the Seeley International SA Enterprise Agreement 2021.

The FWC made orders approving the Seeley International SA Enterprise Agreement 2021, registering it with the Fair Work Commission, and providing that the agreement would come into effect from the date of the FWC's decision. The FWC also noted that any disputes arising from the agreement would be dealt with in accordance with the agreement's dispute resolution provisions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established