DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Unidex Consulting Pty Ltd T/A Frontline Human Resources
(AG2016/1067)

THOMPSON SERVICE AND REPAIRS ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 26 MAY 2016

Application for approval of the Thompson Service and Repairs Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Thompson Service and Repairs 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] On the basis of the material contained in the application and accompanying statutory declaration, 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] 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.

[4] The Agreement was approved on 26 May 2016 and, in accordance with s.54, will operate from 2 June 2016. The nominal expiry date of the Agreement is 26 May 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Unidex Consulting Pty Ltd, trading as Frontline Human Resources, applied for the approval of the Thompson Service and Repairs Enterprise Agreement 2016. The applicant sought to have the agreement approved under the Fair Work Act 2009. The dispute was heard in the Fair Work Commission.

The central legal issues before the Commission were whether the enterprise agreement met the requirements of the Fair Work Act, particularly whether it contained the necessary good faith bargaining provisions, and if it was fair and reasonable in all its terms. The Commission also had to consider whether the agreement was consistent with the national employment standards and if it provided for appropriate minimum terms and conditions of employment.

In its decision, the Commission noted that the agreement was the product of genuine and meaningful bargaining between the parties. It found that the agreement contained all the necessary good faith bargaining provisions and was fair and reasonable in all its terms. The Commission considered the provisions regarding wages, hours of work, and other employment conditions to be appropriate and consistent with the national employment standards. The Commission concluded that the agreement met all the statutory requirements and approved the Thompson Service and Repairs Enterprise Agreement 2016.

No further orders were made by the Commission as the application for approval was successful on all grounds.

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