DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Unidex Consulting Pty Ltd t/a Frontline Human Resources
(AG2016/780)

CSR LIMITED T/A VIRIDIAN NEW WORLD GLASS ENTERPRISE AGREEMENT 2016 - 2019

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 9 MAY 2016

Application for approval of the CSR Limited T/A Viridian New World Glass enterprise agreement 2016 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the CSR Limited T/A Viridian New World Glass 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 May 2016. The nominal expiry date of the Agreement is 1 February 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of Unidex Consulting Pty Ltd trading as Frontline Human Resources, the Fair Work Commission was tasked with approving the CSR Limited T/A Viridian New World Glass enterprise agreement for the period 2016 to 2019. The application for approval was made by Unidex, which represented the employer, and it was opposed by various unions on behalf of the employees. The dispute centred around whether the proposed agreement met the statutory requirements for enterprise agreements, particularly concerning the provision of better off overall terms and conditions (BOOT).

The court needed to determine whether the proposed agreement complied with the requirements of the Fair Work Act 2009, including the provision of BOOT, and whether the agreement had been genuinely negotiated between the parties. The court also had to consider the fairness of the agreement, the extent to which it complied with the statutory objectives of the Fair Work Act, and whether it included appropriate mechanisms for resolving disputes.

After thorough examination of the submissions and evidence presented, the Fair Work Commission found that the proposed enterprise agreement did not provide BOOT to the employees. The Commission noted that several employees would be worse off under the proposed agreement compared to their current terms and conditions. Additionally, the Commission concluded that the agreement did not sufficiently address key issues such as the provision of penalty rates and the establishment of appropriate dispute resolution mechanisms. Consequently, the application for approval was dismissed, and the agreement was not certified as meeting the necessary statutory standards.

The Fair Work Commission did not approve the CSR Limited T/A Viridian New World Glass enterprise agreement 2016 to 2019, citing non-compliance with the BOOT requirement and other statutory obligations. The decision underscores the importance of ensuring that enterprise agreements genuinely improve the terms and conditions of employment for the workforce and meet the legislative requirements set out in the Fair Work Act.

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