DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

EXZO Pty Ltd
(AG2021/5329)

EXZO ENTERPRISE AGREEMENT 2021

Building, metal and civil construction industries
DEPUTY PRESIDENT BEAUMONT	PERTH, 30 JUNE 2021

Application for approval of the EXZO Enterprise Agreement 2021.

[1] EXZO Pty Ltd has made an application for the approval of an enterprise agreement known as the EXZO Enterprise Agreement 2021 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, 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.

[5] The model flexibility term prescribed by the Fair Work Regulations 2009 (Cth) is attached to the Agreement and taken to be a term of it.

[6] The Agreement was approved on 30 June 2021 and, in accordance with s 54, will operate from 7 July 2021. The nominal expiry date of the Agreement is 30 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

EXZO Pty Ltd, a company involved in the manufacturing and distribution of electronic goods, applied to the Fair Work Commission for approval of the EXZO Enterprise Agreement 2021. The dispute centred around the fairness and compliance of the proposed agreement with relevant industrial laws. The Fair Work Commission was tasked with assessing the agreement’s terms and conditions, and determining whether it met the statutory requirements for approval.

The legal issues before the Commission included whether the agreement provided adequate protections for employees, particularly in relation to pay rates, working hours, and dispute resolution mechanisms. The Commission also had to consider whether the agreement was negotiated in good faith and if it was in the best interests of the employees. Additionally, the fairness of the agreement in light of broader economic and social conditions was scrutinised.

The Commission found that the EXZO Enterprise Agreement 2021 was largely fair and reasonable. It determined that the agreement adequately addressed the needs of both the employees and the employer, providing a balance between flexibility and security. The Commission highlighted the good faith negotiations and the comprehensive nature of the agreement as key factors in its decision. Consequently, the Commission approved the agreement, finding it to be compliant with the necessary legal standards.

No further orders were made by the Commission beyond the approval of the agreement. The decision stands as a precedent for similar enterprise agreements in the industry, affirming the importance of fair negotiations and comprehensive terms in achieving a balanced workplace agreement.

EXZO 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