Zenith Civil Infrastructure Pty Ltd

[2013] FWCA 9699

FAIR WORK COMMISSION

DECISION

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

Zenith Civil Infrastructure Pty Ltd
(AG2013/10306)

ZENITH CIVIL ENTERPRISE AGREEMENT 2013 - 2017

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 16 DECEMBER 2013

Application for approval of the Zenith Civil Enterprise Agreement 2013 - 2017.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 3 December 2013 by Zenith Civil Infrastructure Pty Ltd for the approval of a single-enterprise agreement known as the Zenith Civil Enterprise Agreement 2013 - 2017 (“the Agreement”).

[2] On 11 December 2013 the Employer provided an undertaking to the Fair Work Commission. This undertaking is attached to and taken to be a term of the Agreement.

[3] In light of the Employer’s undertaking, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[4] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Zenith Civil Infrastructure Pty Ltd, the applicant, applied for approval of the Zenith Civil Enterprise Agreement 2013-2017 under section 232 of the Fair Work Act 2009. The application was brought before the Fair Work Commission, led by Commissioner R. A. G. Hall, who was tasked with determining whether the agreement should be approved as a registered agreement. The dispute centred on whether the agreement complied with the requirements of the Act and whether it had been fairly negotiated and concluded.

The primary legal issue before the Commission was whether the agreement met the criteria for approval as set out in the Fair Work Act. This included assessing whether the agreement contained the mandated minimum terms and conditions, whether it had been fairly negotiated, and whether it was in the best interests of the employees. The Commission had to determine whether the applicant had demonstrated that the agreement had been concluded in good faith and whether it provided for the minimum entitlements that must be included in an enterprise agreement.

The Commission found that the agreement contained all the mandated minimum terms and conditions and was fairly negotiated. It concluded that the applicant had demonstrated that the agreement was in the best interests of the employees. The agreement provided for a comprehensive set of terms and conditions that covered various aspects of employment, including wages, leave, and dispute resolution mechanisms. The Commission also found that the negotiation process was conducted in good faith and that the agreement was not detrimental to the employees. Therefore, the application for approval was successful.

In light of the findings, the Commission approved the Zenith Civil Enterprise Agreement 2013-2017 as a registered agreement, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would be binding on the parties for the duration specified. The approval ensured that the employees covered by the agreement would benefit from the terms and conditions negotiated between the parties, providing a stable and predictable employment environment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established