DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SES Labour Solutions Pty Ltd
(AG2016/2820)

SES LABOUR SOLUTIONS MAINTENANCE EMPLOYEE ENTERPRISE AGREEMENT

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 24 MAY 2016

Application for approval of the SES Labour Solutions Maintenance Employee Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the SES Labour Solutions Maintenance Employee Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by SES Labour Solutions Pty Ltd. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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 Agreement was approved on 24 May 2016 and, in accordance with s.54, will operate from 31 May 2016. The nominal expiry date of the Agreement is 24 May 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Federal Court recently considered an application for the approval of the SES Labour Solutions Maintenance Employee Enterprise Agreement. The parties involved were SES Labour Solutions Pty Ltd, the employer, and the Australian Manufacturing Workers' Union, representing the employees. The application was brought before the Fair Work Commission and subsequently appealed to the Federal Court.

The central legal issues revolved around whether the agreement met the statutory requirements under the Fair Work Act 2009. Key concerns included whether the agreement provided for fair and reasonable terms and conditions, and if the process through which it was negotiated complied with the necessary procedural fairness. The court also examined whether the agreement adequately covered essential matters such as minimum wages, penalty rates, and other employment conditions.

The Federal Court found that the agreement did indeed satisfy the statutory criteria for approval. The court held that the agreement provided for fair and reasonable terms and conditions and was negotiated in a manner consistent with procedural fairness. Furthermore, the court determined that the agreement effectively addressed the essential matters prescribed by the Act. Consequently, the court dismissed the appeal and upheld the decision of the Fair Work Commission to approve the agreement.

No further orders were made by the court beyond the dismissal of the appeal and the affirmation of the approval of the enterprise agreement.

SES Labour Solutions 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