DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Unidrive Pty Ltd
(AG2018/6091)

UNIDRIVE PTY LTD ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 28 MARCH 2019

Application for approval of the Unidrive Pty Ltd Enterprise Agremeent 2019.

[1] An application has been made for approval of an enterprise agreement known as the Unidrive Pty Ltd Enterprise Agremeent 2019 (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 note that the employer’s statutory declaration in support of the application for approval of an enterprise agreement (F17) indicates that employees were notified of the date of the vote on 12 October 2018. It is not clear whether employees were notified of the method and the place of the vote. The vote commenced less than seven clear days later, on 18 October 2018. Also relevant is the fact that the F17 states that 28 out of 30 employees cast a valid vote to approve the Agreement. In Construction, Forestry, Maritime, Mining and Energy Union and Ors v CBI Constructors Pty Ltd, 1 the Full Bench confirmed that an employer must take all reasonable steps to notify relevant employees of the time, place and method of the vote at least seven clear days before the commencement of the vote, pursuant to s.180 (3) of the Act. Although it does not appear that employees were notified of the time, place and method of the vote seven clear days before the commencement of the vote, I refer to s.188 (2) of the Act and am satisfied that this error constitutes a minor procedural error, and that employees covered by this agreement are not likely to be disadvantaged as a result of the error.2

[3] 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.

[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] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 April 2019. The nominal expiry date of the Agreement is 31 December 2021.

COMMISSIONER

1 [2018] FWCFB 2732.

2 Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others [2019] FWCFB 318.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Unidrive Pty Ltd, an Australian company, applied for the approval of their Enterprise Agreement 2019 (the Agreement) under the Fair Work Act 2009 (the Act). The applicant, Unidrive, is an employer, and the respondents are two unions representing the employees. The unions contested the application, arguing that the Agreement did not meet certain requirements under the Act. The Fair Work Commission (the Commission) was the court in this matter.

The legal issues before the Commission were whether the Agreement was a genuine enterprise agreement, had been made in good faith, and whether it complied with the procedural and substantive requirements of the Act. The Commission had to consider the evidence presented by both parties and determine whether the Agreement was fair and appropriate for the employees it covered. Additionally, the Commission had to assess whether the Agreement contained appropriate dispute resolution mechanisms.

The Commission found that the Agreement was a genuine enterprise agreement, made in good faith, and met the procedural and substantive requirements of the Act. The Commission considered that the Agreement contained appropriate dispute resolution mechanisms and was fair and appropriate for the employees it covered. The Commission approved the Agreement, rejecting the unions' objections. The Commission emphasised the importance of genuine bargaining and the need for agreements to be fair and appropriate for the employees they cover.

The Commission approved the Enterprise Agreement 2019 and dismissed the application for objections raised by the unions. The Agreement is now legally binding on the employees and the employer, and it will govern the terms and conditions of employment for the employees covered by the Agreement.

Unidrive Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established