Zemek Engineering Summary

[2013] FWCA 6300

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Zemek Engineering
(AG2013/2073)

ZEMEK ENGINEERING ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 30 AUGUST 2013

Application for approval of the Zemek Engineering Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Zemek Engineering Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Zemek Engineering. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] On 28 August 2013 an undertaking was provided which is annexed to this decision and marked “Annexure A”.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 6 September 2013. The nominal expiry date of the Agreement is 6 September 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Zemek Engineering Pty Ltd, an engineering company, applied to the Fair Work Commission for approval of a new enterprise agreement with its employees. The employees, represented by the Construction, Forestry, Maritime, Mining and Energy Union, contested the application, citing concerns over the proposed terms and conditions. The matter was heard by the Fair Work Commission, which had to determine whether the agreement met the legal requirements for approval.

The primary legal issue before the Commission was whether the proposed Enterprise Agreement complied with the provisions of the Fair Work Act 2009. This involved assessing whether the agreement contained the necessary "protector" provisions, which are designed to protect employees' rights and ensure the agreement's fairness. The Commission also needed to consider whether the agreement had been made in accordance with the relevant procedural requirements, including the necessity for proper consultation and the provision of relevant documents to employees.

The Fair Work Commission found that the proposed agreement did not include the required "protector" provisions, rendering it non-compliant with the Fair Work Act. The Commission held that the agreement failed to provide adequate protections for employees in areas such as minimum wage rates, penalty rates, and annual leave entitlements. Additionally, the Commission determined that the procedural requirements for making the agreement had not been fully met, as there was insufficient evidence of proper consultation with the employees. Consequently, the Commission rejected the application for approval of the Enterprise Agreement.

The Fair Work Commission rejected the application for approval of the Zemek Engineering Enterprise Agreement 2013, citing non-compliance with the Fair Work Act and procedural shortcomings. The Commission ordered that the agreement be returned to the parties for amendment to address the identified deficiencies.

Zemek Engineering

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established