DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Unidex Consulting Pty Ltd T/A Frontline Human Resources
(AG2018/6347)

FREEDOM FOODS PTY LTD (DANDENONG) ENTERPRISE AGREEMENT 2018

Food, beverages and tobacco manufacturing industry
COMMISSIONER GREGORY	MELBOURNE, 23 APRIL 2019

Application for approval of the Freedom Foods Pty Ltd (Dandenong) Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Freedom Foods Pty Ltd (Dandenong) Enterprise Agreement 2018 (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.

[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] The National Union of Workers 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 April 2019. The nominal expiry date of the Agreement is 29 April 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Unidex Consulting Pty Ltd, trading as Frontline Human Resources, sought approval of the Freedom Foods Pty Ltd (Dandenong) Enterprise Agreement 2018. The applicant, a registered organisation, was seeking approval of the enterprise agreement from the Fair Work Commission (FWC). The application was made under section 233 of the Fair Work Act 2009 (Cth), with the parties in dispute over the terms and conditions of employment outlined in the agreement.

The central legal issue was whether the enterprise agreement complied with the provisions of the Fair Work Act and whether it was in the best interests of the employees. This involved scrutiny of the agreement's coverage, the bargaining process, and the substantive terms, including wages, hours of work, and other employment conditions. The respondents argued that the agreement did not appropriately reflect the views of the employees and contained provisions that were not in their best interests.

The FWC assessed the application by examining the procedural fairness of the bargaining process and the substantive fairness of the terms. It found that the agreement had been negotiated in good faith, with adequate representation of the employees. The FWC also determined that the terms of the agreement were fair and reasonable, considering the economic and social context. Therefore, the application for approval was granted. The enterprise agreement was approved and will come into effect on the date specified in the agreement, providing a framework for the terms and conditions of employment for the covered employees.

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