Unidex Consulting Pty Ltd T/A Frontline Human Resources

[2018] FWCA 5961

[2018] FWCA 5961

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Unidex Consulting Pty Ltd T/A Frontline Human Resources
(AG2018/1885)

STEGBAR PTY LTD (SA DIVISION) ENTERPRISE AGREEMENT 2017-2020

Building, metal and civil construction industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 24 SEPTEMBER 2018

Application for approval of the Stegbar Pty Ltd (SA Division) Enterprise Agreement 2017-2020.

[1] An application has been made for approval of an enterprise agreement known as the Stegbar Pty Ltd (SA Division) Enterprise Agreement 2017-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Unidex Consulting Pty Ltd T/A Frontline Human Resources. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Construction, Forestry, Maritime, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] I note the Clause 11.1(i) is inconsistent with the National Employment Standards as it states that personal leave accrues on the basis of 5.8461 hours for each four week period, compared to progressively throughout the year under the National Employment Standards (NES). Given clause 6 of the Agreements provides that the provisions of the NES apply as a minimum standard, I am satisfied that the more beneficial entitlements of the NES will prevail.

[7] The Agreement was approved on 24 September 2018 and, in accordance with s.54, will operate from 1 October 2018. The nominal expiry date of the Agreement is 4 July 2020.

COMMISSIONER

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Annexure A