DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ZG Operations Australia Pty Ltd T/A Zumtobel Group
(AG2019/4554)

ZG OPERATIONS AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER WILSON	MELBOURNE, 12 DECEMBER 2019

Application for approval of the ZG Operations Australia Pty Ltd Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the ZG Operations Australia Pty Ltd Enterprise Agreement 2019 (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 Zumtobel Group. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the United Worker’s Union 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 the organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 December 2019. The nominal expiry date of the Agreement is 30 April 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, ZG Operations Australia Pty Ltd, trading as Zumtobel Group, applied for the approval of the ZG Operations Australia Pty Ltd Enterprise Agreement 2019. The application was made under the Fair Work Act 2009, which provides for the registration and regulation of enterprise agreements. The dispute centred on whether the agreement complied with the legal requirements for approval and whether it met the criteria for being a "better off overall" agreement, as mandated by the legislation. The Commission needed to determine if the agreement was made in good faith, if it was free from coercion or undue influence, and if it provided for the proper classification of employees.

The central legal issues before the Commission were whether the agreement was a genuine enterprise agreement and whether it was free from any improper conduct during its negotiation. Additionally, the Commission had to consider whether the agreement was a "better off overall" agreement, which means that it should not put employees or employers worse off than they would be under the applicable law. The Commission also examined whether the agreement appropriately balanced the interests of both parties and whether it contained adequate provisions for dispute resolution and other procedural matters.

In its decision, the Commission found that the ZG Operations Australia Pty Ltd Enterprise Agreement 2019 was a genuine enterprise agreement, made in good faith, and without any undue influence or coercion. The agreement was also found to be a "better off overall" agreement, as it provided for fair terms and conditions of employment that were not worse than those provided by the relevant industrial instruments. The Commission concluded that the agreement met all the necessary legal criteria for approval and was in the best interests of both the employees and the employer. As a result, the Commission approved the agreement, allowing it to be registered and enforced under the Fair Work Act.

The Fair Work Commission approved the ZG Operations Australia Pty Ltd Enterprise Agreement 2019, making it a legally binding contract between the employer and the employees. This decision ensures that the agreement will be enforced and that any disputes arising from it will be resolved in accordance with the terms of the agreement. The approval of the agreement provides certainty and stability in the workplace, benefiting both the employer and the employees.

ZG Operations Australia Pty Ltd T/A Zumtobel Group

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established