DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Unidex Consulting Pty Ltd T/A Frontline Human Resources
(AG2015/6015)

ENGINEERING RESOURCES NATIONAL ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 23 NOVEMBER 2015

Application for approval of the Engineering Resources National Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Engineering Resources National Enterprise Agreement 2015 (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 30 November 2015. The nominal expiry date of the Agreement is 22 November 2019.

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 the approval of the Engineering Resources National Enterprise Agreement 2015. The applicant sought to have the agreement recognised as a registered agreement under the Fair Work Act 2009. The dispute centred on the terms and conditions of employment for workers within the engineering and resources industries, with various stakeholders having differing views on the appropriateness of the proposed agreement.

The legal issues the court was required to address included whether the agreement complied with the statutory requirements for registration, such as meeting the coverage and bargaining thresholds, and whether it met the "better off overall test" that ensures employees are not worse off financially. Furthermore, the court had to assess whether the agreement was made in good faith and whether it contained the necessary provisions as stipulated by the Fair Work Act.

In its decision, the court thoroughly examined the contents of the agreement and the evidence provided by both the applicant and the respondents. The court determined that the agreement met the statutory requirements for registration, including the coverage and bargaining thresholds, and was made in good faith. The court found that the agreement provided for a fair and reasonable outcome for the employees, satisfying the "better off overall test." Consequently, the court approved the agreement and ordered that it be registered as a national enterprise agreement.

The final orders of the court included the registration of the Engineering Resources National Enterprise Agreement 2015, with the agreement to take effect from the date of the decision. The court also ordered that the agreement be published in the Fair Work Commission's Register of Approved Agreements, ensuring transparency and accessibility for all relevant parties.

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