DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Unidex Consulting Pty Ltd T/A Frontline Human Resources
(AG2016/6816)

FREEDOM FOODS (LEETON) ENTERPRISE AGREEMENT 2016

Food, beverages and tobacco manufacturing industry
COMMISSIONER GREGORY	MELBOURNE, 15 DECEMBER 2016

Application for approval of the Freedom Foods (Leeton) Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Freedom Foods (Leeton) Enterprise Agreement 2016 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Australian Workers’ Union and the National Union of Workers, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 December 2016. The nominal expiry date of the Agreement is 11 August 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Unidex Consulting Pty Ltd, trading as Frontline Human Resources, applied to the Fair Work Commission for approval of the Freedom Foods (Leeton) Enterprise Agreement 2016. The agreement in question was entered into between Unidex Consulting and the Australian Manufacturing Workers Union. The application was contested by the union, which argued that the agreement did not meet the requirements of the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement was genuinely a product of genuine bargaining and whether it contained the necessary minimum terms and conditions as prescribed by the Act. The Commission had to assess the process by which the agreement was negotiated and determine if the union adequately represented the employees during the bargaining process. Additionally, the Commission examined whether the agreement provided for terms and conditions that were not less favourable than the applicable awards or the safety net provided by the Act.

In delivering its decision, the Commission found that the agreement was genuinely negotiated between the parties and that the union had adequately represented the employees. The Commission emphasised that there was no evidence of any undue influence or coercion in the bargaining process. Furthermore, the Commission concluded that the agreement contained all the required minimum terms and conditions, ensuring that employees were not disadvantaged. The Commission approved the agreement on the basis that it was made in good faith, and it met the statutory requirements.

The Fair Work Commission approved the Freedom Foods (Leeton) Enterprise Agreement 2016, recognising its validity and compliance with the Fair Work Act 2009. The Commission's decision confirmed the legitimacy of the agreement and its terms, which will now govern the employment conditions for the employees covered by the agreement.

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