Unidex Consulting Pty Ltd T/A Frontline Human Resources Summary

[2021] FWCA 7309

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

Unidex Consulting Pty Ltd, trading as Frontline Human Resources, applied to the Fair Work Commission for the approval of the Pactum Dairy Group Pty Ltd (Shepparton Plant) Enterprise Agreement 2020. The agreement was intended to govern the employment conditions of workers at the Shepparton Plant of Pactum Dairy Group Pty Ltd. The application was brought before the Fair Work Commission, which has the authority to approve such agreements under the Fair Work Act 2009. The primary issue before the Commission was whether the agreement met the statutory requirements for approval, including compliance with the Fair Work Act and the Fair Work (Registered Organisations) Act 2009. The Commission had to consider whether the agreement was fair and reasonable and whether it complied with the various statutory obligations.

The Fair Work Commission examined the agreement's provisions, focusing on matters such as minimum wages and conditions, redundancy payments, leave entitlements, and the establishment of a bargaining committee. The Commission also evaluated the process by which the agreement was negotiated and whether the parties involved were appropriately represented. It was necessary to ensure that the agreement did not disadvantage employees and that it was not contrary to any existing laws. Furthermore, the Commission assessed the agreement's impact on the employees' ability to participate in the workplace and the overall fairness of the terms and conditions.

After thorough consideration, the Commission found that the Pactum Dairy Group Pty Ltd (Shepparton Plant) Enterprise Agreement 2020 was fair and reasonable, and it met all statutory requirements for approval. The Commission was satisfied with the negotiation process and the representation of the parties involved. The agreement was found to provide adequate protections for employees while allowing for the efficient operation of the workplace. The Commission approved the agreement, acknowledging its compliance with the Fair Work Act and the Fair Work (Registered Organisations) Act 2009.

The Fair Work Commission approved the Pactum Dairy Group Pty Ltd (Shepparton Plant) Enterprise Agreement 2020, effective from the date of the decision. The approval signified that the agreement was fair and reasonable and met all statutory obligations. This decision provided clarity and certainty for the parties involved, ensuring that the agreement would govern the employment conditions at the Shepparton Plant in accordance with the law.

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