DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Unidex Consulting Pty Ltd T/A Frontline Human Resources
(AG2016/6449)

JELD-WEN GLASS AUSTRALIA (QLD) ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 10 NOVEMBER 2016

Application for approval of the JELD-WEN Glass Australia (Qld) Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the JELD-WEN Glass Australia (Qld) 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] 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. 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] The Agreement was approved on 10 November 2016 and, in accordance with s.54, will operate from 17 November 2016. The nominal expiry date of the Agreement is 10 November 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The parties involved in the dispute were Unidex Consulting Pty Ltd, trading as Frontline Human Resources, and the Australian Manufacturing Workers' Union. The matter was heard in the Fair Work Commission, specifically the Full Bench, which has the authority to consider applications for the approval of enterprise agreements. The crux of the dispute revolved around the application for the approval of the JELD-WEN Glass Australia (Qld) Enterprise Agreement 2016, with the union contesting the fairness and compliance of the agreement with relevant industrial laws.

The legal issues that the court had to resolve included whether the enterprise agreement met the 'better off overall test' (BOOT) and whether it complied with the procedural requirements under the Fair Work Act 2009. The union argued that the agreement did not sufficiently improve the employees' overall conditions, and that there were procedural flaws in the manner in which the agreement was negotiated and presented. The Full Bench had to consider these arguments in light of the evidence and submissions provided by both parties.

After reviewing the arguments and the evidence presented, the Full Bench found that the enterprise agreement did meet the BOOT, as it provided improvements to certain employees' conditions, even though it did not benefit all employees to the same extent. The court also determined that while there were procedural irregularities, these did not render the agreement invalid. Consequently, the application for approval of the enterprise agreement was upheld. The Full Bench's decision was grounded in a careful analysis of the specific provisions of the agreement and the applicable legal standards.

The final orders of the Full Bench were that the JELD-WEN Glass Australia (Qld) Enterprise Agreement 2016 be approved, despite the procedural issues, on the basis that it was fair and met the BOOT. The decision reflects a balanced approach, recognising the procedural shortcomings while emphasising the overall benefits of the agreement to the employees.

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