DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Zezt Pty Ltd
(AG2016/3522)

ZEZT PTY LTD ENTERPRISE AGREEMENT 2016

Tasmania
COMMISSIONER ROE	MELBOURNE, 29 JUNE 2020

Application for approval of the Zezt Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Zezt Pty Ltd Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Zezt Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in 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] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement was approved on 29 June 2016 and, in accordance with s.54, will operate from 6 July 2016. The nominal expiry date of the Agreement is 29 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves Zezt Pty Ltd, the applicant, seeking approval for the Zezt Pty Ltd Enterprise Agreement 2016. The dispute was heard in the Fair Work Commission (FWC). The core issue before the Commission was whether the agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the FWC had to determine if the agreement was "better off overall" for employees, as required by section 235 of the Act.

The Commission examined whether the proposed terms of the agreement provided employees with a net benefit, considering both the immediate and long-term implications of the changes. The applicant argued that the agreement would improve working conditions and employee benefits, thus being in the employees' best interests. Conversely, the objectors contended that the proposed changes would not sufficiently benefit the employees to warrant approval.

In reaching its decision, the FWC assessed the overall impact of the agreement on employees' conditions, including pay rates, allowances, and other benefits. The Commission found that while some changes were beneficial, others might adversely affect certain employee groups. However, the FWC concluded that the agreement, on balance, provided a net benefit to employees, making it suitable for approval under the Act. The Commission approved the agreement, considering it met the statutory requirements for being "better off overall." The final orders included the approval of the Zezt Pty Ltd Enterprise Agreement 2016, subject to certain conditions aimed at ensuring that the employees' interests were protected.

Zezt 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