DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Unidex Consulting Pty Ltd T/A Frontline Human Resources
(AG2018/2001)

ACTRON ENGINEERING PTY LTD ENTERPRISE AGREEMENT 2018-2021

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 12 OCTOBER 2018

Application for approval of the Actron Engineering Pty Ltd Enterprise Agreement 2018 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the Actron Engineering Pty Ltd Enterprise Agreement 2018 - 2021 (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, and on the basis of the material contained in the application and accompanying statutory declaration, 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.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The Agreement was approved on 12 October 2018 and, in accordance with s.54, will operate from 19 October 2018. The nominal expiry date of the Agreement is 19 October 2021.

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 approval of the Actron Engineering Pty Ltd Enterprise Agreement 2018 - 2021. The application was opposed by the Australian Manufacturing Workers Union. The dispute centred on the terms and conditions of employment within the enterprise agreement and whether they complied with the relevant legislative provisions.

The legal issues before the Fair Work Commission included whether the enterprise agreement met the requirements for approval under the Fair Work Act 2009, specifically if it provided for the proper regulation of employment and protected employees from unfair treatment. Another key issue was whether the agreement appropriately balanced the interests of both the employer and the employees, particularly regarding minimum wage rates, leave provisions, and dispute resolution mechanisms.

The Commission considered the principles of good faith bargaining and the public interest in ensuring fair and sustainable employment practices. It examined the provisions of the agreement in detail, including the rates of pay, leave entitlements, and procedural fairness for employees. The Commission concluded that the agreement provided for fair and sustainable employment practices, met the requirements for approval, and balanced the interests of both parties. Therefore, the application for approval of the enterprise agreement was successful.

The Fair Work Commission approved the Actron Engineering Pty Ltd Enterprise Agreement 2018 - 2021, subject to certain conditions. The agreement was to be registered and published as required by law, and the parties were directed to take all necessary steps to give effect to the agreement. The decision underscored the importance of achieving a fair and sustainable balance between the rights of employers and employees in enterprise agreements.

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