DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Unidex Consulting Pty Ltd T/A Frontline Human Resources
(AG2016/4209)

MORRIS MCMAHON & CO PTY LTD ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 29 AUGUST 2016

Morris McMahon & Co Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Morris McMahon & Co Pty Ltd 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.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 September 2016. The nominal expiry date of the Agreement is 28 September 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case of Unidex Consulting Pty Ltd, trading as Frontline Human Resources, against Morris McMahon & Co Pty Ltd was heard in the Fair Work Commission. The dispute centred around the interpretation and application of the Morris McMahon & Co Pty Ltd Enterprise Agreement 2016. Unidex Consulting challenged certain terms of the agreement, alleging that Morris McMahon & Co Pty Ltd had breached the enterprise agreement by not adhering to specific provisions. The primary issues before the Commission involved the interpretation of various clauses within the enterprise agreement, including those relating to employee entitlements, classification, and procedural fairness.

The Fair Work Commission examined the text of the enterprise agreement and the context in which it was made to ascertain the intentions of the parties. The Commission considered the principles of interpretation, including the need to give effect to the bargain between the parties and to construe the agreement in a manner that is consistent with its purpose. The key issue was whether certain provisions of the enterprise agreement were ambiguous and, if so, how these ambiguities should be resolved. The Commission also assessed the procedural fairness of the employer's actions in relation to the implementation of the agreement.

After a thorough examination of the evidence and arguments presented by both parties, the Fair Work Commission found in favour of Morris McMahon & Co Pty Ltd. The Commission concluded that the enterprise agreement was clear in its terms and that Unidex Consulting had not demonstrated any ambiguity that warranted an alternative interpretation. The Commission further found that Morris McMahon & Co Pty Ltd had acted in accordance with the agreement and had not breached any of its provisions. Consequently, the Commission dismissed Unidex Consulting's claims. The decision affirmed the validity of the enterprise agreement as it stood and upheld the employer's approach to its implementation.

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