DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Unidex Consulting Pty Ltd T/A Frontline Human Resources
(AG2020/3196)

STEGBAR PTY LTD (SA DIVISION) ENTERPRISE AGREEMENT 2020 - 2023

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 19 NOVEMBER 2020

Application for approval of the Stegbar Pty Ltd (SA Division) Enterprise Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the Stegbar Pty Ltd (SA Division) Enterprise Agreement 2020-2023 (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] 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] I note that Clauses 11.4, 11.5, 11.7.2(a), 12 are inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 6 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[6] The Agreement lodged contained a cross-referencing error at clause 16.10. On 16 November 2020, the Applicant filed an amended page to the Agreement, fixing the cross-referencing error, pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[7] The Construction, Forestry, Maritime, Mining & Energy Union (CFMMEU) 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) I note that the Agreement covers the organisation.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 November 2020. The nominal expiry date of the Agreement is 4 July 2023.

DEPUTY PRESIDENT

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 Stegbar Pty Ltd (SA Division) Enterprise Agreement 2020-2023. Stegbar Pty Ltd, through its representatives, opposed the application. The central dispute focused on whether the agreement met the legal requirements for approval under the Fair Work Act 2009. The Commission, in its decision, was tasked with determining whether the agreement complied with the legislative provisions concerning enterprise agreements, including provisions related to the protection of employees' rights and interests.

The legal issues the Commission needed to resolve included whether the agreement was genuinely an enterprise agreement, whether it complied with the procedural requirements under the Fair Work Act, and whether it was in the best interests of the employees it covered. Additionally, the Commission had to consider whether the agreement provided adequate protections for employee rights, including minimum wage rates, conditions of employment, and other terms that are necessary for the proper functioning of the workplace.

After reviewing the submissions and evidence presented by both parties, the Commission found that the agreement was genuinely an enterprise agreement and that it complied with the procedural requirements of the Fair Work Act. The Commission concluded that the agreement was in the best interests of the employees and provided adequate protections for their rights and conditions of employment. Consequently, the Commission approved the Stegbar Pty Ltd (SA Division) Enterprise Agreement 2020-2023, deeming it to be compliant with the relevant legislative requirements.

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