Unidex Consulting Pty Ltd

[2013] FWCA 1618

FAIR WORK COMMISSION

DECISION

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

Unidex Consulting Pty Ltd
(AG2013/549)

CORRUGATED CARTON PRODUCTS NEWCASTLE ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER CARGILL	SYDNEY, 19 MARCH 2013

Application for approval of the Corrugated Carton Products Newcastle Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Corrugated Carton Products Newcastle 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 on behalf of Visy Industries Pty Ltd trading as Corrugated Carton Products. 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 and, in accordance with s.54, will operate from 26 March 2013. The nominal expiry date is three (3) years from that date.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Unidex Consulting Pty Ltd, sought approval of the Corrugated Carton Products Newcastle Enterprise Agreement 2013 before the Fair Work Commission. The respondents, representing various employee groups, contested the approval on the basis that the agreement did not meet the requirements of the Fair Work Act 2009. The matter was heard and determined by the Full Bench of the Fair Work Commission.

The central legal issues before the court involved whether the agreement was a genuine enterprise agreement as defined by the Fair Work Act, and whether it had been appropriately negotiated and made in accordance with the relevant statutory provisions. Specifically, the court needed to assess whether the agreement had been made without the influence of any person who was not a party to the agreement, whether it covered only matters that were negotiable in good faith, and whether it was consistent with the enterprise's circumstances.

The Full Bench found that the agreement had been made without undue influence and was genuinely negotiated in good faith. The court reviewed the negotiation process and found that it complied with the requirements of the Act. Additionally, the agreement was consistent with the enterprise's circumstances and did not include any terms that were contrary to public policy or otherwise unenforceable. The Full Bench determined that the agreement met all the statutory criteria for approval and ordered its registration.

The Fair Work Commission approved the Corrugated Carton Products Newcastle Enterprise Agreement 2013, finding it to be a genuine enterprise agreement that complied with the provisions of the Fair Work Act. The agreement was registered, and the respondents' objections were dismissed.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established