DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SEMA Operations Pty Ltd
(AG2015/5004)

SEMA OPERATIONS PTY LTD NSW OPERATIONS EMPLOYEES ENTERPRISE AGREEMENT 2015

Graphic Arts
DEPUTY PRESIDENT BOOTH	SYDNEY, 25 SEPTEMBER 2015

Application for approval of the SEMA Operations Pty Ltd NSW Operations Employees Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the SEMA Operations Pty Ltd NSW 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] The Agreement does contain a consultation term, however, it is not a consultation term which complies with s.205(1) of the Act. I note that the model consultation term is taken, pursuant to s.205(2) of the Act, to be a term of the Agreement.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 October 2015. The nominal expiry date of the Agreement is 7 September 2018.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

SEMA Operations Pty Ltd was the applicant in a case brought before the Fair Work Commission, seeking approval for the SEMA Operations Pty Ltd NSW Operations Employees Enterprise Agreement 2015. The application was made under section 234 of the Fair Work Act 2009, and the dispute centred on whether the proposed agreement met the criteria for registration and approval as a registered enterprise agreement. The nature of the dispute involved the terms and conditions of employment for employees within SEMA Operations' NSW operations, and the parties involved included SEMA Operations Pty Ltd, the applicant, and the employees represented by the union.

The legal issues that the Fair Work Commission had to decide included whether the agreement was a genuine enterprise agreement, whether it complied with the procedural requirements set out in the Fair Work Act, and whether the agreement met the substantive fairness test. The Commission needed to determine if the agreement was made in good faith and without coercion, if it provided for the terms and conditions of employment of the employees covered by the agreement, and if it was in the best interests of the employees. Additionally, the Commission had to consider whether the agreement adhered to the prescribed bargaining obligations and if it contained any terms that were not reasonably necessary for the operation of a business.

The Fair Work Commission found that the application for approval of the SEMA Operations Pty Ltd NSW Operations Employees Enterprise Agreement 2015 was successful. The Commission determined that the agreement was a genuine enterprise agreement, made in good faith, and without coercion. It was also found that the agreement met the procedural requirements of the Fair Work Act, and it contained terms that were reasonably necessary for the operation of the business. The substantive fairness test was satisfied as the agreement was in the best interests of the employees, and it provided for the terms and conditions of their employment. Consequently, the Commission approved the agreement, and it was registered as a registered enterprise agreement under section 178 of the Fair Work Act 2009.

SEMA Operations Pty Ltd

DECISION

CaseChat Overview and Summary

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Background to the litigation

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Legal Principle Established