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.

COMMISSIONER

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Zacpac (Australasia) Pty Ltd, an employer, sought approval of an enterprise agreement with its employees. The application was brought before the Fair Work Commission, where the primary dispute centred on the fairness and suitability of the agreement for the employees. The Fair Work Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The central legal issue before the Commission was whether the terms of the proposed enterprise agreement were fair and appropriate, taking into account various factors including the economic circumstances of the parties, the nature of the work performed by the employees, and the overall balance of the agreement. The Commission also had to consider if the agreement complied with the requirements of the Fair Work Act, particularly in relation to the protection of employees' rights and interests.

In assessing the fairness of the agreement, the Commission examined the evidence provided by both parties and considered the broader context of the industry. It found that the agreement provided for reasonable terms and conditions, including provisions for wages, hours of work, and other employment conditions. The Commission was satisfied that the agreement struck an appropriate balance between the interests of the employer and the employees, and was therefore fair and suitable for approval. Consequently, the Commission granted approval of the enterprise agreement, subject to certain conditions to ensure ongoing compliance with the Fair Work Act.

The Commission's decision was that the ZACPAC (AUSTRALASIA) PTY LTD ENTERPRISE AGREEMENT 2014 be approved, effective from the date of the decision, with conditions to ensure ongoing compliance with the Fair Work Act. The employer and employees were directed to adhere to the terms of the approved agreement, and the Commission retained the authority to review the agreement in the future if necessary.

Zacpac (Australasia) Pty Ltd

DECISION

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Legal Principle Established