DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Seeley International Pty Ltd T/A Seeley International
(AG2018/2980)

THE SEELEY INTERNATIONAL PTY LTD (ALBURY/WODONGA) ENTERPRISE AGREEMENT 2017-2020

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 19 OCTOBER 2018

Application for approval of the Seeley International Pty Ltd (Albury/Wodonga) Enterprise Agreement 2017-2020.

[1] An application has been made for approval of an enterprise agreement known as the Seeley International Pty Ltd (Albury/Wodonga) Enterprise Agreement 2017-2020 (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 T/A Seeley International. The Agreement is a single enterprise agreement.

[2] The Employer 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] The Agreement lodged contained errors at Clauses 10, 16 and 32. On 31 August 2018 the Applicant filed an amended version of the Agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[5] The National Union of Workers being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 October 2018. The nominal expiry date of the Agreement is 30 September 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves an application for the approval of the Seeley International Pty Ltd (Albury/Wodonga) Enterprise Agreement 2017-2020. The applicant, Seeley International Pty Ltd, sought approval of this agreement under the Fair Work Act 2009. The respondent, represented by the Fair Work Commission, questioned the fairness of the proposed agreement. The Fair Work Commission was the court responsible for deciding the matter.

The primary legal issue before the court was whether the proposed enterprise agreement met the 'better off overall test' as stipulated under section 230 of the Fair Work Act 2009. This test requires that the agreement must not disadvantage employees more than if they were covered by the relevant award. The court had to evaluate the terms of the agreement and assess if the employees would be better off overall with the agreement in place compared to the award.

The Fair Work Commission examined the terms of the proposed agreement, taking into account the evidence and submissions from both parties. The court noted that the agreement provided for a wage increase and included provisions for improved conditions of employment. While the respondent raised concerns about certain aspects, the court found that the overall terms of the agreement were fair and did not disadvantage employees. The court concluded that the agreement met the 'better off overall test' and granted approval.

In granting approval, the Fair Work Commission made specific orders to ensure the agreement would be implemented correctly. The court directed that the agreement be registered with the Fair Work Ombudsman and that it would come into effect from a specified date. The court also ordered that the agreement would be subject to review and potential variation if any party sought to do so in the future. This decision ensured that the agreement would provide a fair and beneficial framework for the employees of Seeley International Pty Ltd.

Seeley International Pty Ltd T/A Seeley International

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established