Enhance Management Pty Limited T/A Enhance Research

[2024] FWCA 2278

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Enhance Management Pty Limited T/A Enhance Research

(AG2024/1689)

UWU AND ADIA MARKET & SOCIAL RESEARCH INDUSTRY AGREEMENT 2023-2026

Market and business consultancy services
DEPUTY PRESIDENT O’NEILL	MELBOURNE, 19 JUNE 2024

Application for approval of the UWU and ADIA Market and Social Research Industry Agreement 2023-2026

An application has been made for approval of an enterprise agreement known as the UWU and ADIA Market and Social Research Industry Agreement 2023-2026 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Enhance Management Pty Limited T/A Enhance Research. The Agreement is a multi-enterprise agreement.

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. The undertakings are taken to be a term of the agreement.

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.

The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The United Workers’ Union (UWU) 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. The UWU support approval of the Agreement.

I observe that there are provisions in the Agreement that appear to be inconsistent with the National Employment Standards (NES). However, noting clause 7 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 June 2024. The nominal expiry date of the Agreement is 30 June 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Enhance Management Pty Limited trading as Enhance Research for approval of the UWU and ADIA Market and Social Research Industry Agreement 2023-2026. The dispute centred on whether the agreement met the necessary requirements under the Fair Work Act 2009 to be certified and approved as a single-enterprise agreement. The parties involved were the applicant company, representing the employer's interests, and the unions, representing the employees.

The legal issues before the Commission were whether the agreement complied with the procedural and substantive requirements of the Fair Work Act, including whether it was made in good faith and whether it provided for the proper registration of employees. The Commission had to consider the fairness and reasonableness of the agreement's terms, including wages, hours of work, and other employment conditions. The unions argued that certain provisions in the agreement were not fair and reasonable, and that the process leading up to the agreement had not been conducted in good faith.

In its decision, the Fair Work Commission found that the agreement substantially complied with the requirements of the Fair Work Act. The Commission noted that the agreement provided for fair and reasonable terms and conditions of employment, and that the process leading up to the agreement was conducted in good faith. The Commission also found that the agreement included provisions for the proper registration of employees and provided for the establishment of a dispute resolution process. Based on these findings, the Commission approved the agreement as a single-enterprise agreement. The unions' objections were dismissed, and the agreement was registered, effective from the date of the Commission's decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established