Unidex Consulting Pty Ltd Summary

[2014] FWCA 3511

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Unidex Consulting Pty Ltd
(AG2014/1036)

BRINK’S AUSTRALIA PTY LTD KALGOORLIE ENTERPRISE AGREEMENT 2014

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 27 MAY 2014

Application for approval of the Brink’s Australia Pty Ltd Kalgoorlie Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Brink’s Australia Pty Ltd Kalgoorlie Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Unidex Consulting Pty Ltd. The agreement is a single-enterprise agreement.

[2] The Agreement was not lodged within 14 days after it was made. Pursuant to s.185(3)(b) of the Act I consider it fair to extend the time for making this application to the actual date of lodgement.

[3] On 26 May 2014 an undertaking was provided by Mr R Higgins, the National Operations & Security Manager of Brink’s Australia Pty Ltd, in relation to clause 21 (Superannuation) of the Agreement. Pursuant to s.190 of the Act, I accept the Company’s undertaking. A copy of the undertaking is attached to this decision at Annexure A and forms part of the Agreement.

[4] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as is relevant to this application for approval has been met.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 June 2014. The nominal expiry date of the Agreement is 2 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the court involved Unidex Consulting Pty Ltd, seeking approval for the Kalgoorlie Enterprise Agreement 2014 with Brink’s Australia Pty Ltd. The application was lodged with the Fair Work Commission, which had the authority to assess the agreement under the Fair Work Act 2009. The primary dispute centred on whether the agreement met the criteria for approval, particularly whether it provided for fair and reasonable terms and conditions, and whether it complied with the statutory requirements for enterprise agreements.

The legal issues at hand included determining if the enterprise agreement contained all the mandated terms, whether the agreement had been made in good faith, and whether the agreement was fairly negotiated. Additionally, the court had to consider whether the agreement provided for the fair and reasonable terms and conditions of employment, including pay and conditions for the employees involved. The validity of the agreement also hinged on whether it had been appropriately certified by an accredited organisation and whether the required procedural steps had been followed correctly.

The court examined the details of the agreement and found that it complied with the statutory requirements and provided for fair and reasonable terms and conditions of employment. It was determined that the agreement had been fairly negotiated and certified by an accredited organisation. The court also confirmed that all procedural requirements had been met. Consequently, the court approved the enterprise agreement, recognising it as a valid and binding contract between the parties involved.

The final orders of the court were that the Kalgoorlie Enterprise Agreement 2014 between Unidex Consulting Pty Ltd and Brink’s Australia Pty Ltd be approved and registered under the Fair Work Act 2009, effective from the date of the decision.

Unidex Consulting Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established