DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SEMA Operations Pty Ltd
(AG2015/6258)

SEMA OPERATIONS QLD OPERATIONS EMPLOYEES ENTERPRISE AGREEMENT 2015

Graphic Arts
COMMISSIONER SIMPSON	BRISBANE, 4 DECEMBER 2015

Application for approval of the SEMA Operations QLD Operations Employees Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the SEMA Operations QLD Operations Employees 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 SEMA Operations Pty Ltd. The Agreement is a single-enterprise agreement.

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

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being a bargaining representative for the Agreement, have given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

[4] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

SEMA Operations Pty Ltd recently appeared before the Fair Work Commission, seeking approval of the SEMA Operations QLD Operations Employees Enterprise Agreement 2015. The dispute centres around the terms of the proposed enterprise agreement and whether it meets the necessary legal standards for approval. The Commission was tasked with determining if the agreement was made in good faith, free from coercion and undue influence, and if it complied with the provisions of the Fair Work Act 2009.

The central legal issues before the Commission involved scrutinising the agreement to ensure it adhered to the statutory requirements. These included verifying the absence of unfair content, confirming the agreement was not made under duress, and ensuring the agreement was genuinely negotiated between the employer and employees. Additionally, the Commission needed to assess whether the agreement covered all mandatory bargaining items and if it provided a fair and efficient basis for resolving workplace issues.

After thorough examination, the Commission concluded that the SEMA Operations QLD Operations Employees Enterprise Agreement 2015 met the necessary criteria. The agreement was found to be made in good faith, without coercion, and covered all mandatory bargaining items. The Commission also determined that the terms of the agreement were fair and efficient, providing a suitable framework for the parties' future workplace relations. Consequently, the Commission approved the agreement, setting a precedent for similar agreements in the industry.

SEMA Operations 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