Zacpac (Australasia) Pty Ltd

[2015] FWCA 3821

[2015] FWCA 3821

FAIR WORK COMMISSION

DECISION

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

Zacpac (Australasia) Pty Ltd
(AG2015/821)

ZACPAC (AUSTRALASIA) PTY LTD ENTERPRISE AGREEMENT 2014

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COMMISSIONER CAMBRIDGE	SYDNEY, 5 JUNE 2015

Application for approval of the ZACPAC (AUSTRALASIA) PTY LTD ENTERPRISE AGREEMENT 2014.

[1] An application has been made for approval of an enterprise agreement known as the ZACPAC (AUSTRALASIA) PTY LTD ENTERPRISE AGREEMENT 2014 (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 Employer). The Agreement is a single-enterprise agreement.

[2] The application was lodged at Sydney on 10 April 2015. The application included a Statutory Declaration of Kylie Jurotte made on behalf of the Employer and dated 9 April 2015 (the Declaration). The Declaration stated that the Agreement was made on 27 March 2015. Therefore the application was made within the 14 day lodgement time limit established by subsection 185 (3) of the Act.

[3] The Fair Work Commission (the Commission) identified various issues relating to aspects of the application including the contents of certain terms contained in the Agreement, which required clarification. The Employer was advised of these concerns and invited to provide a response.

[4] The Commission has received correspondence dated 1 June 2015, from the Employer which included further material in support of the application and which addressed the identified concerns raised by the Commission.

[5] Part 2-4 of the Act includes various procedural requirements that must be satisfied before the Commission can approve of an enterprise agreement. I have reviewed the contents of the Declaration, and the further material in support of the application. As a result of the consideration of these materials I am satisfied that, inter alia, the procedural requirements of Part 2-4 of the Act have been met.

[6] The application for approval was listed for Hearing in Chambers before the Commission on 5 June 2015. I note that the file has included a Statutory Declaration of Steven Murphy made on behalf of the "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) (the AMWU), as an employee organisation in relation to the application.

[7] I note that the Agreement contains a flexibility term at clause 31 and a consultation term at clause 32.

[8] The 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. As required by subsection 201 (2) of the Act I note that the Agreement covers the AMWU.

[9] The Agreement is approved. In accordance with subsection 54 (1) of the Act it will operate from 12 June 2015. The nominal expiry date of the Agreement as specified in clause 5 of the Agreement, is 31 July 2016.

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