Unidex Consulting Pty Ltd

[2013] FWCA 5322

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Unidex Consulting Pty Ltd
(AG2013/2022)

FREEDOM FOODS (LEETON) ENTERPRISE AGREEMENT 2013

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 5 AUGUST 2013

Application for approval of the Freedom Foods (Leeton) Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Freedom Foods (Leeton) 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] 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 August 2013. The nominal expiry date will be 11 August 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Unidex Consulting Pty Ltd applied to the Fair Work Commission for approval of the Freedom Foods (Leeton) Enterprise Agreement 2013. The respondents were the Australian Manufacturing Workers’ Union, the Australian Workers’ Union, and the National Tertiary Education Union. The nature of the dispute centred on the terms and conditions of employment for workers under the proposed agreement. The application was heard in the Fair Work Commission, the body responsible for regulating workplace relations and resolving industrial disputes in Australia.

The primary legal issue the Commission had to address was whether the proposed agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the Commission needed to consider whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it was free from any unfair provisions. The Commission also had to assess if the agreement was made in good faith and whether it complied with the procedural requirements stipulated in the Act.

The Fair Work Commission found that the proposed agreement was generally fair and reasonable. The Commission noted that the agreement addressed key terms such as wages, hours of work, leave entitlements, and other employment conditions in a manner that was equitable to both the employers and employees. The Commission also concluded that the agreement was made in good faith and complied with the necessary procedural requirements. Consequently, the Commission approved the Freedom Foods (Leeton) Enterprise Agreement 2013.

No further orders were made by the Commission beyond the approval of the agreement. This decision was significant as it formalised the employment terms for workers in the Leeton region, providing them with a legally binding agreement that outlined their rights and obligations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established