DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Unidex Consulting Pty Ltd t/a Frontline Human Resources
(AG2016/922)

TRI-SURE CLOSURES AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 24 MAY 2016

Application for approval of the Tri-Sure Closures Australia Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Tri-Sure Closures Australia 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] 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 24 May 2016 and, in accordance with s.54, will operate from 31 May 2016. The nominal expiry date of the Agreement is 24 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, sought approval of the Tri-Sure Closures Australia Pty Ltd Enterprise Agreement 2016. The application was heard by the Fair Work Commission. The dispute centred on whether the agreement met the necessary standards for approval under the Fair Work Act 2009.

The court was required to decide if the agreement complied with the requirements for enterprise agreements, including whether it provided for minimum terms and conditions of employment and whether it was free from prohibited content. Additionally, the court examined whether the agreement had been fairly negotiated and if it provided for genuine consultation between the employer and the employees.

The Fair Work Commission determined that the agreement did meet the statutory requirements for approval. The court found that the agreement provided for minimum terms and conditions, was free from prohibited content, and had been fairly negotiated. The court further found that there was genuine consultation between the parties, as evidenced by the process followed in reaching the agreement. The court approved the agreement, highlighting the importance of such agreements in maintaining industrial harmony.

The final orders included the approval of the Tri-Sure Closures Australia Pty Ltd Enterprise Agreement 2016, effective from the date of the decision. This decision underscores the Commission's role in ensuring that enterprise agreements align with the objectives of the Fair Work Act, promoting fairness and efficiency in the workplace.

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