DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Unidrive Pty Ltd
(AG2016/3084)

UNIDRIVE PTY LTD ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 27 MAY 2016

Application for approval of the Unidrive Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Unidrive Pty Ltd Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Unidrive Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 June 2016. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Unidrive Pty Ltd recently sought approval for its 2016 Enterprise Agreement from the Fair Work Commission. The applicant, Unidrive Pty Ltd, is an employer in the automotive industry, and the dispute revolves around the terms and conditions of employment outlined in the proposed agreement. The Fair Work Commission was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The central legal issues before the Commission involved whether the agreement provided for fair and reasonable terms of employment, and whether it adhered to the statutory requirements set forth in the Fair Work Act. These requirements include provisions for minimum wages, penalty rates, leave entitlements, and other employment conditions. Additionally, the Commission had to consider whether the agreement was made in good faith and whether it was appropriately negotiated.

In delivering its decision, the Fair Work Commission meticulously reviewed the terms of the agreement against the legislative standards. The Commission found that the proposed agreement met the criteria for approval. It was determined to provide fair and reasonable terms of employment, and that it complied with the statutory obligations under the Fair Work Act. The Commission also concluded that the agreement was made in good faith and was the result of appropriate negotiations between the parties.

Consequently, the Fair Work Commission approved the Unidrive Pty Ltd Enterprise Agreement 2016. This decision affirms the terms set out in the agreement, which will govern the employment conditions for the relevant employees.

Unidrive Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established