Zipmate Pty Ltd

[2014] FWCA 6973

FAIR WORK COMMISSION

DECISION

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

Zipmate Pty Ltd
(AG2014/7395)

ZIPMATE PTY LTD T/AS SUPERIOR PANEL INSTALLATIONS ENTERPRISE AGREEMENT 2014 - 2018

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 3 OCTOBER 2014

Application for approval of the Zipmate Pty Ltd t/as Superior Panel Installations Enterprise Agreement 2014 - 2018.

[1] An application has been made for approval of an enterprise agreement known asthe Zipmate Pty Ltd t/as Superior Panel Installations Enterprise Agreement 2014 - 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Zipmate Pty Ltd (the Applicant). The agreement is a single-enterprise agreement.

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

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 3 October 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Zipmate Pty Ltd sought approval of an enterprise agreement for its employees, trading as Superior Panel Installations. The application was made under section 234 of the Fair Work Act 2009. The dispute arose from disagreements over the terms and conditions of employment as outlined in the proposed agreement.

The central legal issues before the Commission were whether the enterprise agreement complied with the procedural and substantive requirements of the Fair Work Act. Specifically, the Commission had to determine if the agreement was made in good faith, if it was fairly negotiated, and if it contained the necessary minimum terms and conditions as prescribed by the Act.

The Commission found that the agreement was indeed made in good faith and was the result of fair negotiations. It also determined that the proposed agreement included all the mandated minimum terms and conditions. Consequently, the Commission approved the enterprise agreement, affirming its validity and enforceability.

The Commission's approval of the agreement concluded the legal dispute, allowing the enterprise to operate under the terms of the approved agreement. The final orders mandated that the enterprise agreement be registered and enforced as per the provisions of the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established