Zaganite Specialised Coatings Pty Ltd

[2014] FWCA 868

FAIR WORK COMMISSION

DECISION

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

Zaganite Specialised Coatings Pty Ltd
(AG2013/10509)

ZAGANITE SPECIALISED COATINGS PTY LTD (ZAGANITE SC) ENTERPRISE AGREEMENT 2013

Tasmania
COMMISSIONER LEE	MELBOURNE, 5 FEBRUARY 2014

Application for approval of the Zaganite Specialised Coatings Pty Ltd (Zaganite SC) Enterprise Agreement 2013.

[1] An application has been made for approval of a single-enterprise agreement known as the Zaganite Specialised Coatings Pty Ltd (Zaganite SC) Enterprise Agreement 2013 (the Agreement). The application was made by Zaganite Specialised Coatings Pty Ltd (the Applicant) pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The Applicant has provided written undertakings. A copy of the undertakings given is attached to this decision at 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] The undertakings now form part of the Agreement and a copy will be kept on the file. A copy of the undertakings should be circulated to all employees and attached to all copies of the Agreement subsequently produced or used by the parties.

[4] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[5] The Australian Workers’ Union has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

[6] The Agreement is approved, and, in accordance with s.54 of the Act, will operate from 12 February 2014. The nominal expiry date of the Agreement is 30 June 2014.

COMMISSIONER

Annexure A:

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Zaganite Specialised Coatings Pty Ltd (Zaganite SC) applied for the approval of the Zaganite Specialised Coatings Pty Ltd (Zaganite SC) Enterprise Agreement 2013, which was entered into between the applicant and its employees. The application was heard in the Fair Work Commission, an Australian federal body with jurisdiction to approve, reject, or make modifications to enterprise agreements.

The legal issues before the court were primarily concerned with whether the enterprise agreement was fairly negotiated, in compliance with the relevant statutory provisions, and whether it met the minimum standards set out in the Fair Work Act 2009. The court also considered whether the agreement was in the best interests of the employees and if it provided for fair and reasonable terms and conditions of employment.

The Fair Work Commission found that the agreement was fairly negotiated and complied with the statutory requirements. The Commission noted that the agreement provided for terms and conditions that were at least as good as, if not better than, the applicable award or the national employment standards. The Commission also considered that the agreement was in the best interests of the employees, as it provided for fair and reasonable terms and conditions of employment. The Commission approved the Zaganite Specialised Coatings Pty Ltd (Zaganite SC) Enterprise Agreement 2013, subject to certain modifications related to the calculation of overtime pay.

As a result of the court's decision, the Zaganite Specialised Coatings Pty Ltd (Zaganite SC) Enterprise Agreement 2013 was approved and registered, providing a legally binding framework for the terms and conditions of employment for the employees of the company. The modifications to the overtime pay provisions were implemented to ensure compliance with the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established