Unidex Consulting Pty Ltd T/A Frontline Human Resources

[2018] FWCA 3504

[2018] FWCA 3504

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Unidex Consulting Pty Ltd T/A Frontline Human Resources
(AG2018/817)

D.M.E ENGINEERING SERVICES (AUSTRALIA) PTY LTD - TUMUT PULP AND PAPER MILL MAINTENANCE EMPLOYEES ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 15 JUNE 2018

Application for approval of the D.M.E. Engineering Services (Australia) Pty Ltd - Tumut Pulp and Paper Mill Maintenance Employees Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the D.M.E. Engineering Services (Australia) Pty Ltd - Tumut Pulp and Paper Mill Maintenance Employees Enterprise Agreement 2017 (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 Applicant 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.

[4] I observe the following provisions are likely to be inconsistent with the National Employment Standards (NES):

•  Clause 12.2 - ordinary hours of work;

•  Clause 16.1 - personal/carer’s leave;

•  Clause 17.2 and clause 17.4 - compassionate leave;

•  Clause 21.1 - annual leave

•  Clause 25.3 - payment in lieu of notice of termination; and

•  Clause 26.1 and clause 26.3 (b) - redundancy.

However, noting clause 6.2 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 June 2018. The nominal expiry date of the Agreement is 22 June 2021.

COMMISSIONER

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ANNEXURE A