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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Unidex Consulting Pty Ltd, trading as Frontline Human Resources, applied to the Fair Work Commission for the approval of the Stegbar Pty Ltd (SA Division) Enterprise Agreement 2017-2020. Stegbar Pty Ltd, a company operating within the South Australian division, sought to have the enterprise agreement approved by the Fair Work Commission. The application for approval arose due to the need to ensure that the terms of the agreement were compliant with the relevant industrial relations legislation and met the criteria for endorsement by the Fair Work Commission.

The primary legal issue before the Fair Work Commission was whether the enterprise agreement met the requirements set forth under the Fair Work Act 2009. This included assessing whether the agreement was made in good faith, whether it covered the appropriate bargaining unit, and whether it contained the necessary minimum terms as prescribed by the Act. Additionally, the Commission needed to determine if any aspects of the agreement unfairly disadvantaged any of the parties involved.

After carefully reviewing the application and the contents of the enterprise agreement, the Fair Work Commission found that the agreement was made in good faith and covered the appropriate bargaining unit. The Commission also determined that the agreement contained all the necessary minimum terms as required by the Fair Work Act 2009 and did not unfairly disadvantage any of the parties. Consequently, the Fair Work Commission approved the Stegbar Pty Ltd (SA Division) Enterprise Agreement 2017-2020, ensuring that it would be legally binding and enforceable.

The Fair Work Commission's decision to approve the enterprise agreement provides clarity and legal certainty to the parties involved. By meeting the criteria for approval, the agreement can now be implemented, ensuring that the terms and conditions of employment are regulated within the framework of the Fair Work Act 2009.

Unidex Consulting Pty Ltd T/A Frontline Human Resources

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established