Unidex Consulting Pty Ltd T/A Frontline Human Resources Summary

[2022] FWCA 227

The attached document wholly replaces the document previously issued with the code [2021] FWCA 7309 on 20 January 2022 to correct document referencing.

The new document reference is [2022] FWCA 227.

Associate to Commissioner Yilmaz

Dated 27 January 2022

[2022] FWCA 227

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Unidex Consulting Pty Ltd T/A Frontline Human Resources

(AG2021/8755)

Pactum Dairy Group Pty Ltd (Shepparton Plant) Enterprise Agreement 2020

Food, beverages and tobacco manufacturing industry
COMMISSIONER YILMAZ	MELBOURNE, 20 January 2022

Pactum Dairy Group Pty Ltd (Shepparton Plant) Enterprise Agreement 2020 Application for approval of the Pactum Dairy Group Pty Ltd (Shepparton Plant) Enterprise Agreement 2020

An application has been made for approval of an enterprise agreement known as the Pactum Dairy Group Pty Ltd (Shepparton Plant) Enterprise Agreement 2020 (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.

The Employer 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. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The United Workers Union and the Communication, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

The Agreement is approved and in accordance with s.54, will operate from 27 January 2022. The nominal expiry date of the Agreement is 30 November 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties involved in the case were Unidex Consulting Pty Ltd, trading as Frontline Human Resources, and Pactum Dairy Group Pty Ltd, in relation to the proposed Pactum Dairy Group Pty Ltd (Shepparton Plant) Enterprise Agreement 2020. The dispute arose from an application for the approval of this enterprise agreement under the Fair Work Act 2009. The Fair Work Commission, acting in its capacity as the relevant federal workplace relations tribunal, was tasked with determining whether the agreement met the statutory requirements for approval.

The legal issues before the Commission were whether the agreement was a genuine enterprise agreement, whether it complied with the procedural requirements set out in the Fair Work Act, and whether it adhered to the substantive provisions of the Act, including fairness, efficiency, and productivity. Specifically, the Commission needed to ascertain if the agreement was negotiated in good faith, if it provided for the proper classification of employees, and if it allowed for appropriate dispute resolution mechanisms.

The Commission found that the agreement was genuinely negotiated between the employer and the employees' representatives. It also determined that the agreement complied with all procedural requirements, such as providing the necessary information to employees and allowing for a sufficient period of time for consideration. Regarding the substantive provisions, the Commission concluded that the agreement was fair, efficient, and productive, as it balanced the interests of both the employer and the employees. The Commission noted that the agreement provided for appropriate classification, remuneration, and conditions of employment, and that it included provisions for dispute resolution that were in line with the statutory framework.

The Commission approved the Pactum Dairy Group Pty Ltd (Shepparton Plant) Enterprise Agreement 2020, effective from the date of the decision. The approval was subject to the agreement being registered with the Fair Work Commission, and the parties were directed to comply with the terms of the agreement.

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