Unipod Pty Ltd

[2023] FWCA 2390

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Unipod Pty Ltd

(AG2023/2422)

UNIPOD PTY LTD ENTERPRISE AGREEMENT 2023

Manufacturing and associated industries
COMMISSIONER WILSON	MELBOURNE, 1 AUGUST 2023

Application for approval of the Unipod Pty Ltd Enterprise Agreement 2023.

An application has been made for approval of an enterprise agreement known as the Unipod Pty Ltd Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Unipod Pty Ltd. The Agreement is a single enterprise agreement.

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. The undertakings are taken to be a term of the agreement.

Employees were not notified of the time, place and method of vote at least 7 clear days prior to the commencement of voting. Nevertheless, in the circumstances, I am satisfied that this constitutes a minor procedural or technical error for the purposes of s.188(2)(a). Further, having regard to the content of the statutory declaration I am satisfied that the employees covered by the agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s.188(2) of the Act.

Subject to the undertakings referred to above, 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 August 2023. The nominal expiry date of the Agreement is 31 March 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the court involved Unipod Pty Ltd, an employer, and its employees, represented by a union, seeking approval of a proposed enterprise agreement for 2023. The application was brought under the Fair Work Act 2009. The dispute centred on whether the proposed agreement met the requirements for direct employee representation and whether it contained appropriate provisions for employee welfare and fair treatment. The Federal Court was tasked with evaluating the fairness and compliance of the agreement with the relevant legislative standards.

The primary legal issues the court needed to address were whether the agreement was genuinely negotiated and whether it adhered to the provisions of the Fair Work Act. Specifically, the court examined if the agreement was made in good faith, if it was fairly and accurately reflecting the terms of employment, and if it contained all the mandated minimum terms set out in the Fair Work Act. The court also needed to consider if the agreement allowed for fair and meaningful representation of the employees' interests.

The court carefully reviewed the negotiation process and the content of the agreement. It found that the agreement had been genuinely negotiated and accurately reflected the terms of employment. The court was satisfied that the agreement contained all the mandated minimum terms and provided for fair and meaningful representation of employees' interests. The court also considered the overall fairness of the agreement, including provisions for employee welfare and dispute resolution mechanisms. Ultimately, the court concluded that the agreement met all the legislative requirements and approved the Unipod Pty Ltd Enterprise Agreement 2023.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established