Unidex Consulting Pty Ltd T/A Frontline Human Resources

[2020] FWCA 6558

[2020] FWCA 6558

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Unidex Consulting Pty Ltd T/A Frontline Human Resources
(AG2020/3549)

REGENCY SHOWER SCREENS & WARDROBES SOUTH AUSTRALIA ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER PLATT	ADELAIDE, 4 DECEMBER 2020

Application for approval of the Regency Shower Screens & Wardrobes South Australia Enterprise Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the Regency Shower Screens & Wardrobes South Australia Enterprise Agreement 2020-2023 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Unidex Consulting Pty Ltd T/A Frontline Human Resources (the Applicant). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 4 December 2020.

[3] Subclauses 16(c), (e) and (f) appear to be inconsistent with the National Employment Standards (NES), however are remedied by the NES precedence clause in 7 of the Agreement. In particular, the evidence required in subclauses 16(c),(e) is to the satisfaction of a reasonable person, notice of absence in accordance with subclause 16(e) must be provided as soon as practicable and may be at a time after the leave has started and in relation to clause 16(f) insofar as it is inconsistent with s.102 of the Act.

[4] The Construction, Forestry, Maritime, Mining and Energy Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers this organisation.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 1 February 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE509726  PR725192>