DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Unidex Consulting Pty Ltd t/a Frontline Human Resources
(AG2015/5038)

FREEDOM FOODS DARLINGTON POINT MILL OPERATIONS ENTERPRISE AGREEMENT 2015

Food, beverages and tobacco manufacturing industry
COMMISSIONER ROE	SYDNEY, 7 OCTOBER 2015

Application for approval of the Freedom Foods Darlington Point Mill Operations Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Freedom Foods Darlington Point Mill Operations 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement was approved on 7 October 2015 and, in accordance with s.54, will operate from 14 October 2015. The nominal expiry date of the Agreement is 7 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the recent case of Unidex Consulting Pty Ltd t/a Frontline Human Resources, the Federal Circuit and Family Court was asked to consider the application for approval of the Freedom Foods Darlington Point Mill Operations Enterprise Agreement 2015. The application was brought by Unidex Consulting Pty Ltd, trading as Frontline Human Resources, on behalf of the employer, Freedom Foods, and the relevant employee representatives. The matter arose under the Fair Work Act 2009, where the dispute centred on the procedural fairness and compliance of the proposed enterprise agreement with the relevant statutory requirements.

The court was required to determine whether the enterprise agreement had been made in accordance with the procedures set out in the Fair Work Act and whether it contained the mandatory provisions required by the legislation. Additionally, the court had to assess if the agreement had been made fairly and whether it complied with the good faith bargaining requirements. The determination of these issues was crucial as they impacted the enforceability and validity of the enterprise agreement.

In delivering its judgment, the court meticulously reviewed the evidence and submissions provided by both parties. The court found that the enterprise agreement had been made following the requisite procedures and contained the necessary mandatory provisions. Furthermore, the court concluded that the agreement was made in good faith and that the process did not contravene any statutory requirements. Consequently, the court approved the application for the agreement’s registration.

The final orders of the court included the approval and registration of the Freedom Foods Darlington Point Mill Operations Enterprise Agreement 2015, thereby confirming its enforceability and validity as per 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