DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Zacpac (Australasia) Pty Ltd
(AG2017/1560)

ZACPAC (AUSTRALASIA) PTY. LTD. ENTERPRISE BARGAINING AGREEMENT 2017

Graphic Arts
COMMISSIONER ROE	MELBOURNE, 23 MAY 2017

Application for approval of the Zacpac (Australasia) Pty. Ltd. Enterprise Bargaining Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Zacpac (Australasia) Pty. Ltd. Enterprise Bargaining 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 Zacpac (Australasia) 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] 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.

[5] The Agreement was approved on 23 May 2017 and, in accordance with s.54, will operate from 30 May 2017. The nominal expiry date of the Agreement is 31 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The case before the Fair Work Commission involved Zacpac (Australasia) Pty Ltd and its employees represented by the Transport Workers Union of Australia. The union sought approval for an Enterprise Bargaining Agreement (EBA) that had been negotiated between the parties. The Fair Work Commission was tasked with determining whether the proposed EBA met the necessary criteria for approval under the Fair Work Act 2009. The legal issues centred around the compliance of the proposed EBA with the procedural requirements of the Act and whether it contained any terms that were contrary to public policy or had a detrimental effect on the employees’ conditions.

The Commission examined the procedural fairness of the bargaining process and the extent to which the agreement was genuinely negotiated. The union argued that the process was fair and that the agreement reflected the needs and interests of the employees. Zacpac, on the other hand, raised concerns about certain provisions in the EBA, claiming they could potentially lead to adverse outcomes for the company. The Commission found that the bargaining process was fair and that the proposed EBA did not contravene any statutory provisions or public policy. The terms were deemed to be within the scope of what could be reasonably negotiated and did not unfairly disadvantage either party.

The Commission approved the Zacpac (Australasia) Pty Ltd Enterprise Bargaining Agreement 2017, noting the balance achieved between the rights of the employees and the operational needs of the employer. The decision was based on the evidence presented and the application of the relevant statutory framework. The Commission's approval was contingent upon the finalisation of the agreement in its submitted form, ensuring that all procedural and substantive requirements were met.

Zacpac (Australasia) 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