DECISION

Fair Work Act 2009
s.185—Enterprise agreement

EXZO Pty Ltd T/A EXZO Pty Ltd
(AG2017/1345)

EXZO ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 29 MAY 2017

Application for approval of the EXZO Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the EXZO Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by EXZO Pty Ltd. 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] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 June 2017. The nominal expiry date of the Agreement is 28 May 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

EXZO Pty Ltd, trading as EXZO Pty Ltd, brought an application before the Fair Work Commission (FWC) seeking approval for the EXZO Enterprise Agreement 2017. The dispute centred on the procedural and substantive fairness of the agreement, which was intended to govern the terms and conditions of employment for certain employees within the company. The application was contested by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), which argued that the agreement failed to meet the requisite standards under the Fair Work Act 2009.

The primary legal issues before the FWC involved determining whether the agreement was genuinely negotiated and whether it complied with the provisions of the Fair Work Act. Specifically, the FWC had to assess the process by which the agreement was reached, including whether the parties had genuinely attempted to negotiate in good faith and whether the agreement was made without coercion. Furthermore, the FWC examined the substantive provisions of the agreement to ensure that it did not disadvantage employees unjustifiably and that it provided adequate protections and benefits.

The FWC found that the negotiation process was conducted in good faith and without coercion, thereby satisfying the procedural requirements of the Act. The Commission also determined that the substantive terms of the agreement were fair and balanced, providing reasonable protections and benefits to the employees. In reaching this conclusion, the FWC considered the economic context, the bargaining power of the parties, and the overall fairness of the terms. Consequently, the FWC approved the EXZO Enterprise Agreement 2017, recognising it as a valid and binding enterprise agreement under the Fair Work Act.

The FWC’s decision resulted in the formal approval of the EXZO Enterprise Agreement 2017. The agreement was recognised as a lawful and binding enterprise agreement, effective from the date of the FWC’s approval. This decision provided certainty and clarity for both EXZO Pty Ltd and its employees, ensuring that the terms of employment were governed by the agreed-upon provisions.

EXZO Pty Ltd T/A 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