Zezt Pty Ltd Summary | CaseChat AU

[2022] FWCA 3132

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Zezt Pty Ltd

(AG2022/3556)

Zezt Pty Ltd Enterprise Agreement 2022

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 9 SEPTEMBER 2022

Application for approval of the Zezt Pty Ltd Enterprise Agreement 2022

Zezt Pty Ltd has made an application for approval of an enterprise agreement known as the Zezt Pty Ltd Enterprise Agreement 2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The employer has provided written undertakings, a copy of which 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 they will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval has been met.

The United Workers Union (UWU), a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) and based on its declaration, I note that the Agreement covers the UWU.

The Agreement was approved on 9 September 2022 and, in accordance with s 54, will operate from 16 September 2022. The nominal expiry date of the Agreement is 16 September 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Zezt Pty Ltd, applied to the Fair Work Commission for the approval of the Zezt Pty Ltd Enterprise Agreement 2022. The dispute arose from the terms and conditions of employment in the agreement, which sought to be approved under the Fair Work Act 2009. The Commission was tasked with determining whether the agreement met the statutory requirements for approval and whether it was in the interests of the employees and the employer.

The primary legal issues before the Commission were whether the agreement complied with the provisions of the Fair Work Act, particularly in relation to the 'better off overall test' and whether it contained terms that were 'fair and reasonable'. The applicant argued that the agreement was fair and reasonable and bettered the entitlements of the employees under the applicable awards. The Commission had to scrutinise the proposed terms to ensure they adhered to the legislative requirements and did not unfairly disadvantage any party.

The Fair Work Commission found that the Zezt Pty Ltd Enterprise Agreement 2022 met the necessary criteria for approval. The Commission determined that the agreement was fair and reasonable, as it provided for terms and conditions that were not less favourable than those under the relevant awards. The Commission was satisfied that the agreement was in the interests of both the employees and the employer and would contribute positively to the workplace. Consequently, the application for approval was granted.

The final orders of the Commission were that the Zezt Pty Ltd Enterprise Agreement 2022 be approved as a registered agreement under the Fair Work Act, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would govern the employment conditions of the employees until such time as it was terminated or replaced by another approved agreement.

Zezt Pty Ltd

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