DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Frontline Australasia Pty Ltd
(AG2014/10683)

FRONTLINE AUSTRALASIA PTY LTD ENTERPRISE BARGAINING AGREEMENT 2014

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 22 DECEMBER 2014

Application for approval of the Frontline Australasia Pty Ltd Enterprise Bargaining Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Frontline Australasia Pty Ltd Enterprise Bargaining Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Frontline Australasia Pty Ltd. The agreement is a single-enterprise agreement.

[2] Undertakings have been given in relation to clause 19.3 and 37.2 of the Agreement and those undertakings have become terms of the Agreement in accordance with s.191(1) of the Act and are appended at Appendix A.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54(1), will operate from 29 December 2014. The nominal expiry date of the Agreement is 1 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

APPENDIX A

CaseChat Overview and Summary

Frontline Australasia Pty Ltd was the applicant seeking approval of the Enterprise Bargaining Agreement 2014. The dispute was brought before the Fair Work Commission (FWC). The applicant aimed to secure the endorsement of a proposed enterprise bargaining agreement, which had been negotiated with employee representatives.

The primary legal issues the FWC was tasked with resolving included whether the proposed agreement complied with the requirements of the Fair Work Act 2009 and whether it adhered to the principles of good faith bargaining and procedural fairness. Additionally, the FWC had to determine if the agreement met the criteria for being a lawful and fair workplace arrangement.

The FWC examined the negotiation process and the contents of the agreement to ensure compliance with statutory requirements. The Commission found that the negotiation process was conducted in good faith, and the agreement was fair and reasonable. The FWC concluded that the agreement met all necessary legal criteria and was in the best interests of the employees. The FWC approved the agreement, finding it to be lawful and fair, and thus endorsed it under the relevant legislation.

The FWC's final order was to approve the Frontline Australasia Pty Ltd Enterprise Bargaining Agreement 2014, deeming it to be compliant with the Fair Work Act 2009 and consistent with the principles of good faith bargaining and procedural fairness.

Frontline Australasia 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