DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Unidex Consulting Pty Ltd T/A Frontline Human Resources
(AG2015/4524)

CORRUGATED CARTON PRODUCTS (PENRITH) ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 8 SEPTEMBER 2015

Application for approval of the Corrugated Carton Products (Penrith) Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Corrugated Carton Products (Penrith) 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] 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. 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.

[3] 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.

[4] The Agreement was approved on 8 September 2015 and, in accordance with s.54, will operate from 15 September 2015. The nominal expiry date of the Agreement is 31 July 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Unidex Consulting Pty Ltd, trading as Frontline Human Resources, applied to the Fair Work Commission for the approval of the Corrugated Carton Products (Penrith) Enterprise Agreement 2015. The application was made under the Fair Work Act 2009. The Fair Work Commission was required to determine whether the enterprise agreement met the requirements for approval under the legislation. Specifically, the Commission had to consider whether the agreement provided for a fair and efficient workplace, promoted productivity, and complied with the provisions of the Act.

In assessing the agreement, the Commission examined whether it contained provisions that were consistent with the objects of the Fair Work Act, which include ensuring that employees have a voice at work, promoting high performance and productivity in the workplace, and ensuring that all employees are treated fairly and equitably. The Commission also considered whether the agreement provided for a safety net of minimum entitlements and whether it contained any provisions that were contrary to public policy. The Commission had to ensure that the agreement was not unfairly discriminatory or oppressive to any party.

The Fair Work Commission found that the Corrugated Carton Products (Penrith) Enterprise Agreement 2015 met the requirements for approval. The Commission considered that the agreement provided for a fair and efficient workplace, promoted productivity, and complied with the provisions of the Act. The Commission was satisfied that the agreement contained provisions that were consistent with the objects of the Fair Work Act, and that it provided a safety net of minimum entitlements. The Commission also found that the agreement did not contain any provisions that were contrary to public policy or that were unfairly discriminatory or oppressive to any party.

The Fair Work Commission approved the Corrugated Carton Products (Penrith) Enterprise Agreement 2015, subject to certain conditions. The conditions included a requirement that the agreement be registered with the Australian Industrial Relations Commission, and that it be brought into operation on a specified date. The Commission also imposed a requirement that the agreement be reviewed and amended as necessary to ensure that it continued to meet the requirements for approval under 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