Unidex Consulting Pty Ltd Summary

[2014] FWCA 772

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Unidex Consulting Pty Ltd
(AG2014/3456)

BRINK’S AUSTRALIA PTY LTD SYDNEY GROUND ARMOURED ENTERPRISE AGREEMENT 2013

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 3 FEBRUARY 2014

Application for approval of the Brink’s Australia Pty Ltd Sydney Ground Armoured Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Brink’s Australia Pty Ltd Sydney Ground Armoured Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Unidex Consulting Pty Ltd. The Agreement is a single-enterprise agreement.

[2] The Agreement was not lodged within 14 days after it was made. Pursuant to s.185(3)(b) of the Act I consider it fair to extend the time for making this application to the actual date of lodgement.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as is relevant to this application for approval has been met.

[4] The Transport Workers’ Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 February 2014. The nominal expiry date will be 1 November 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Unidex Consulting Pty Ltd, sought approval of the Brink’s Australia Pty Ltd Sydney Ground Armoured Enterprise Agreement 2013. This agreement had been negotiated by Unidex and the Retail and Distributive Employees’ Association of NSW. The dispute arose as the Fair Work Commission (FWC) was required to assess whether the agreement met the criteria for approval under the Fair Work Act 2009. The FWC had to consider whether the agreement was in the best interests of the employees and whether it complied with relevant provisions of the Act.

The legal issues before the FWC involved the interpretation and application of sections of the Fair Work Act 2009, particularly those related to the approval of enterprise agreements. The applicant argued that the agreement was in the best interests of the employees, and that it complied with all statutory requirements. The Commission had to determine if the agreement was genuinely a product of genuine bargaining, whether it contained appropriate protections for employees, and if it met the criteria set out in the Act for approval.

The FWC examined the evidence presented regarding the negotiation process and the contents of the agreement. It considered whether the agreement provided fair and reasonable terms for the employees, and if it complied with the procedural and substantive requirements of the Act. The FWC found that the agreement was the result of genuine bargaining and that it contained appropriate protections for employees. It also determined that the agreement met all the criteria for approval under the Act. Consequently, the FWC approved the agreement.

The final orders of the FWC were that the Brink’s Australia Pty Ltd Sydney Ground Armoured Enterprise Agreement 2013 be approved, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would apply to the relevant employees.

Unidex Consulting Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established