DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Unica Pty Ltd
(AG2015/600)

UNICA PTY LTD ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 27 MARCH 2015

Application for approval of the Unica Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Unica Pty Ltd 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 Unica 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 27 March 2015 and, in accordance with s.54, will operate from 3 April 2015. The nominal expiry date of the Agreement is 27 March 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case of Unica Pty Ltd, the Fair Work Commission (FWC) was tasked with considering an application for the approval of the Unica Pty Ltd Enterprise Agreement 2015. The application was brought by Unica Pty Ltd, and the dispute involved the terms and conditions of employment as set out in the proposed agreement. The legal issues before the FWC centred on whether the agreement met the statutory requirements under the Fair Work Act 2009, particularly in relation to the provisions concerning minimum wages and conditions, and whether it complied with the good faith bargaining requirement.

The FWC examined the proposed agreement's adherence to the mandatory minimum standards prescribed by the Act, including minimum wage rates, penalty rates, and leave entitlements. Additionally, the Commission assessed whether the bargaining process that led to the agreement was conducted in good faith, as mandated by the Act. This included an evaluation of whether both parties had genuinely attempted to reach an agreement and whether the agreement was not the product of coercion or undue influence.

In its decision, the FWC found that the proposed agreement satisfied the statutory minimum standards and had been negotiated in good faith. The Commission noted that both parties had engaged in the bargaining process with a view to reaching a fair and reasonable agreement. Consequently, the FWC approved the Unica Pty Ltd Enterprise Agreement 2015, determining that it met the necessary legal criteria for approval under the Fair Work Act 2009. The approval of the agreement now allows it to be registered and enforceable, providing a framework for the terms and conditions of employment between the parties.

Unica 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