Unidex Consulting Pty Ltd T/A Frontline Human Resources Summary

[2014] FWCA 4083

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Unidex Consulting Pty Ltd T/A Frontline Human Resources
(AG2014/1240)

DELAVAL PTY LTD ENTERPRISE AGREEMENT 2014

Storage services
COMMISSIONER ROE	MELBOURNE, 19 JUNE 2014

Application for approval of the DeLaval Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the DeLaval Pty Ltd Enterprise Agreement 2014 (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 Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 June 2014. The nominal expiry date of the Agreement is 25 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Unidex Consulting Pty Ltd, trading as Frontline Human Resources, applied for approval of the DeLaval Pty Ltd Enterprise Agreement 2014. The Fair Work Commission was tasked with determining whether the agreement complied with the relevant provisions of the Fair Work Act 2009. The legal issues before the Commission centred on whether the agreement met the requirements for an enterprise agreement, including whether it was made in good faith and whether it contained the necessary minimum terms and conditions.

The Commission considered the evidence presented regarding the negotiation process and the content of the agreement. It examined whether the agreement was made without coercion and whether it provided for the minimum entitlements specified in the Act. The Commission also evaluated whether the agreement was certified by an independent certifier as meeting the good faith test. The evidence demonstrated that the agreement was the result of genuine negotiations and contained all the required minimum terms and conditions. The Commission found that the agreement was made in good faith and included the necessary minimum terms.

Based on the evidence, the Commission approved the DeLaval Pty Ltd Enterprise Agreement 2014. It confirmed that the agreement complied with the Fair Work Act and was a valid enterprise agreement. The Commission noted that the agreement was beneficial to both the employer and employees, providing a framework for fair and productive industrial relations within the enterprise. The final order was that the agreement be approved and registered with the Fair Work Commission.

Unidex Consulting Pty Ltd T/A Frontline Human Resources

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established