DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Unidex Consulting Pty Ltd T/A Frontline Human Resources
(AG2016/1066)

CORRUGATED CARTON PRODUCTS NEWCASTLE ENTERPRISE AGREEMENT 2016-2019

Graphic Arts
COMMISSIONER LEE	MELBOURNE, 9 JUNE 2016

Application for approval of the Corrugated Carton Products Newcastle Enterprise Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the Corrugated Carton Products Newcastle Enterprise Agreement 2016-2019 (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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 June 2016. The nominal expiry date of the Agreement is 16 June 2019.

COMMISSIONER

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Annexure A

CaseChat Overview and Summary

The matter before the court involved Unidex Consulting Pty Ltd, trading as Frontline Human Resources, which applied for approval of the Corrugated Carton Products Newcastle Enterprise Agreement 2016-2019. The primary dispute centred on whether the agreement met the legal requirements for approval under the Fair Work Act 2009. The application was heard in the Fair Work Commission, which has the jurisdiction to assess and approve enterprise agreements to ensure they comply with the statutory framework designed to balance the rights of employers and employees.

The legal issues the court had to address were whether the agreement contained all the mandatory terms prescribed by the Fair Work Act, whether it was free from any unlawful content, and whether it had been negotiated in good faith. Additionally, the court needed to consider whether the agreement had been properly certified by the Australian Bureau of Statistics (ABS) as meeting the requirements for independent dispute resolution. The validity of the process through which the agreement was negotiated and the extent to which employees had been given the opportunity to participate in the negotiation process were also scrutinized.

The Fair Work Commission examined the evidence and submissions provided by both parties. It found that the agreement met all statutory requirements, including the inclusion of mandatory terms and the certification by the ABS. The Commission concluded that the negotiation process had been conducted in good faith and that employees had been adequately informed and given the opportunity to participate. The court was satisfied that there was no unlawful content in the agreement and that it complied with all relevant provisions of the Fair Work Act. Consequently, the Commission approved the Corrugated Carton Products Newcastle Enterprise Agreement 2016-2019.

The final orders of the court were that the Corrugated Carton Products Newcastle Enterprise Agreement 2016-2019 be approved, effective from the date of the Commission’s decision. This approval meant that the agreement would now govern the employment conditions of the relevant employees for the specified period, providing a legally binding framework for their working relationship with Unidex Consulting Pty Ltd.

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