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

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Unidex Consulting Pty Ltd, trading as Frontline Human Resources, sought approval of the D.M.E. Engineering Services (Australia) Pty Ltd - Tumut Pulp and Paper Mill Maintenance Employees Enterprise Agreement 2017. The application was brought before the Fair Work Commission to ensure the agreement met the necessary standards for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the enterprise agreement contained all the prescribed minimum terms and conditions, including the requirement for fair and reasonable terms. The application also required scrutiny of whether the agreement was appropriately certified by the Australian Building and Construction Commission, as mandated by the Building and Construction Industry (Industrial Relations) Act 2012. Furthermore, the Commission needed to determine if the agreement was fairly made, considering the bargaining process and the representation of the parties involved.

In its decision, the Commission examined the terms of the enterprise agreement and the certification process. It found that the agreement included all the prescribed minimum terms and conditions, and the certification by the Australian Building and Construction Commission was valid. The Commission also considered the fairness of the agreement, noting that it was made in good faith and after proper consultation between the parties. Given these findings, the Commission approved the enterprise agreement, determining that it met all necessary legal requirements.

The Fair Work Commission approved the D.M.E. Engineering Services (Australia) Pty Ltd - Tumut Pulp and Paper Mill Maintenance Employees Enterprise Agreement 2017, effective from the date of the decision. The Commission's approval was based on the agreement's compliance with the Fair Work Act 2009 and the Building and Construction Industry (Industrial Relations) Act 2012, as well as the fair and reasonable terms and proper certification process.

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