Unidex Consulting Pty Ltd T/A Frontline Human Resources

[2020] FWCA 6191

[2020] FWCA 6191

FAIR WORK COMMISSION

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

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Annexure A