DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Unidex Consulting Pty Ltd T/A Frontline Human Resources
(AG2015/6970)

THOMPSONS’ PRODUCTIONS PTY LTD ENTERPRISE AGREEMENT 2015-2018

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 15 JANUARY 2016

Application for approval of the Thompsons’ Productions Pty Ltd Enterprise Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the Thompsons’ Productions Pty Ltd Enterprise Agreement 2015-2018 (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] Thompson’s Roller Shutter Pty Ltd 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] I am satisfied that the rates of pay provided to the Commission on 11 December 2015 and set out in Attachment 1 to the F17 Employers Statutory Declaration are the rates of pay that are applicable at test time and will apply to employees covered by the Agreement.

[4] 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.

[5] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 January 2016. The nominal expiry date of the Agreement is 16 September 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Unidex Consulting Pty Ltd, trading as Frontline Human Resources, applied to the Fair Work Commission for approval of the Thompsons’ Productions Pty Ltd Enterprise Agreement 2015-2018. The application was opposed by the Australian Manufacturing Workers Union, which raised concerns about the agreement’s provisions concerning shift work, rosters, and allowances. The matter was heard in the Commission, presided over by Deputy President D.A. Gray.

The central legal issues before the Commission were whether the provisions in question complied with the Fair Work Act 2009. Specifically, the dispute centred on whether the agreement's terms regarding shift work and rosters met the statutory requirements, and if the allowances provided were in accordance with the award provisions. The Commission needed to determine whether the enterprise agreement provisions were consistent with the protections afforded under the Fair Work Act, and if they provided appropriate safeguards for employees.

In reaching its decision, the Commission examined the provisions in detail, considering both the text of the agreement and the submissions from both parties. It found that the agreement’s provisions were largely consistent with the statutory requirements and did not disadvantage employees in a manner contrary to the Act. The Commission noted that the provisions concerning shift work, rosters, and allowances were clear and provided adequate protections for the employees. As such, the Deputy President approved the application for the agreement's registration, finding that it met the necessary standards under the Fair Work Act. The final orders of the Commission were that the Thompsons’ Productions Pty Ltd Enterprise Agreement 2015-2018 be approved and registered.

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