Unidex Consulting Pty Ltd T/A Frontline Human Resources Summary

[2022] FWCA 1841

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Unidex Consulting Pty Ltd T/A Frontline Human Resources

(AG2022/1697)

REGENCY SHOWER SCREENS ALBURY ENTERPRISE AGREEMENT 2022

Building, metal and civil construction industries
COMMISSIONER P RYAN	SYDNEY, 6 JUNE 2022

Application for approval of the Regency Shower Screens Albury Enterprise Agreement 2022

Unidex Consulting Pty Ltd has made an application for approval of an enterprise agreement known as the Regency Shower Screens Albury Enterprise Agreement 2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

Sections 186, 187 and 188

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

Approval

The Agreement is approved.

In relation to the date the Agreement operates from, clause 3 of the Agreement states that the “Agreement shall operate from the beginning of the first pay period to commence on or after 7 days after the approval”. The employer confirmed that it operates a weekly pay period commencing each Tuesday.

Taking into consideration s.54 of the Act and clause 3 of the Agreement, the Agreement will operate from 14 June 2022. The nominal expiry date of the Agreement is 30 May 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Unidex Consulting Pty Ltd trading as Frontline Human Resources, the Fair Work Commission was presented with an application for the approval of the Regency Shower Screens Albury Enterprise Agreement 2022. The agreement was proposed between the employer, Unidex Consulting, and the employees represented by the Australian Manufacturing Workers' Union. The core dispute centred around the terms and conditions of employment, including wages, hours of work, and other workplace arrangements. The Commission was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement provided for minimum terms and conditions as stipulated by the Act, and whether the agreement had been genuinely negotiated between the parties. Additionally, the Commission had to consider if the agreement was procedurally sound, ensuring that it was made without any improper conduct and that employees had sufficient opportunity to be involved in the negotiation process. Furthermore, the Commission examined if the agreement met the public interest test, ensuring that it did not negatively impact broader economic, social, or employment policies.

After careful consideration of the evidence and submissions from both parties, the Commission concluded that the Regency Shower Screens Albury Enterprise Agreement 2022 met all the statutory requirements for approval. The agreement was found to provide for the minimum terms and conditions, was genuinely negotiated, and was procedurally sound. The Commission also determined that the agreement satisfied the public interest test. Consequently, the Fair Work Commission approved the agreement, ensuring that the terms and conditions outlined therein would govern the employment relationship between Unidex Consulting and its employees covered by the agreement.

Unidex Consulting Pty Ltd T/A Frontline Human Resources

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established