DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ZG Operations Australia Pty Ltd T/A ZG Operations
(AG2016/6161)

ZG OPERATIONS AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2016

Storage services
COMMISSIONER LEE	MELBOURNE, 23 NOVEMBER 2016

Application for approval of the ZG Operations Australia Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the ZG Operations Australia 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 ZG Operations Australia Pty Ltd T/A ZG Operations. 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 National Union of Workers and “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

[5] The Agreement was approved on 23 November 2016 and, in accordance with s.54, will operate from 30 November 2016. The nominal expiry date of the Agreement is 30 April 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, ZG Operations Australia Pty Ltd trading as ZG Operations, applied to the Fair Work Commission for approval of the ZG Operations Australia Pty Ltd Enterprise Agreement 2016. The dispute centred around the terms of the proposed agreement, which sought to establish conditions of employment for its employees. The Commission was tasked with ensuring the agreement complied with the Fair Work Act 2009, particularly in relation to procedural fairness and the protection of employees' rights.

The primary legal issues before the Commission were whether the agreement was genuinely negotiated, free from coercion, and if it provided adequate protections for the employees. Additionally, the Commission had to assess whether the agreement met the statutory requirements under the Fair Work Act, including the need for procedural fairness and the avoidance of unprotected industrial action.

The Fair Work Commission found that the agreement had been genuinely negotiated and was free from coercion. The Commission acknowledged that the process followed in reaching the agreement was fair and transparent, and that the terms of the agreement were not detrimental to the employees. The Commission also confirmed that the agreement complied with the statutory requirements of the Fair Work Act, including the provisions related to procedural fairness. Consequently, the Commission approved the enterprise agreement, emphasising the importance of fair and transparent negotiations in the process.

The Fair Work Commission approved the ZG Operations Australia Pty Ltd Enterprise Agreement 2016, recognising its compliance with the requirements of the Fair Work Act and the genuine negotiation process that led to its creation.

ZG Operations Australia Pty Ltd T/A ZG Operations

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established