Unidex Consulting Pty Ltd Summary

[2013] FWCA 9873

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Unidex Consulting Pty Ltd
(AG2013/11679)

PACTUM DAIRY GROUP PTY LTD ENTERPRISE AGREEMENT 2013

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 17 DECEMBER 2013

Application for approval of the Pactum Dairy Group Pty Ltd Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Pactum Dairy Group Pty Ltd Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

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

[3] The Agreement is approved. In accordance with s.54(1) it will operate from 24 December 2013. The nominal expiry date of the Agreement is 24 December 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Unidex Consulting Pty Ltd applied for the approval of the Pactum Dairy Group Pty Ltd Enterprise Agreement 2013. The application was brought before the Fair Work Commission (FWC), the body responsible for approving enterprise agreements in Australia. The applicant, Unidex Consulting, is the employer, and the respondents, represented by the Dairy Workers Union, are the employees. The agreement in question aims to establish the terms and conditions of employment for the employees of Pactum Dairy Group Pty Ltd. The dispute centred on the validity and fairness of the agreement, with the union arguing that certain provisions were not in line with the requirements of Australian labour law.

The primary legal issues before the FWC were whether the agreement met the statutory criteria for approval as per the Fair Work Act 2009 and whether it was made in accordance with the requirements of the Act. The FWC had to determine if the agreement was free from any invalid provisions, if it complied with the procedural requirements, and if it was fair and reasonable. Furthermore, the FWC had to consider whether the agreement was made without any improper conduct and if it covered the appropriate bargaining unit.

In reaching its decision, the FWC analysed the agreement in detail, examining each clause to ensure it complied with the legal standards set out in the Fair Work Act. The FWC found that the agreement was procedurally valid, having been negotiated in good faith and with appropriate consultation. The FWC also found that the agreement contained no invalid provisions and was fair and reasonable in its terms. The FWC concluded that the agreement met all the necessary criteria for approval and ordered its registration.

The FWC's final orders were that the Pactum Dairy Group Pty Ltd Enterprise Agreement 2013 be approved and registered as a valid enterprise agreement. This decision allows the agreement to come into effect, setting out the terms and conditions of employment for the employees of Pactum Dairy Group Pty Ltd. The registration of the agreement ensures that it will be legally binding and enforceable between the parties.

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