DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ZEECO Construction Pty Ltd
(AG2018/2300)

ZEECO ENTERPRISE AGREEMNT 2018

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 6 AUGUST 2018

Application for approval of the ZEECO Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the ZEECO Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by ZEECO Construction Pty Ltd. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement was approved on 6 August 2018 and, in accordance with s.54, will operate from 13 August 2018. The nominal expiry date of the Agreement is 6 August 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, ZEECO Construction Pty Ltd applied for approval of the ZEECO Enterprise Agreement 2018. The dispute centred around whether the agreement met the requirements of the Fair Work Act 2009 and the Fair Work Regulations 2009, particularly regarding minimum entitlements and the bargaining process. The respondent, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), contested the application, arguing that the agreement did not adequately protect employees' rights and failed to comply with statutory provisions.

The central legal issues before the Commission were whether the agreement provided for minimum entitlements as prescribed by the Act, whether it was the product of genuine bargaining, and whether it adhered to the procedural requirements outlined in the legislation. The Commission examined the bargaining process, the contents of the agreement, and the parties' compliance with relevant statutory obligations.

After thorough consideration, the Commission found that the agreement met the necessary statutory criteria. The Commission was satisfied that the agreement provided for the minimum entitlements as required by the Act and that the bargaining process was genuine. The Commission also noted that all procedural requirements were met, and the agreement was in the best interests of the employees. Consequently, the Commission approved the ZEECO Enterprise Agreement 2018.

The Commission's final orders included the approval of the ZEECO Enterprise Agreement 2018, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would govern the employment terms and conditions of the employees covered by the agreement.

ZEECO Construction 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