ZircoDATA Pty Ltd

Case [2023] FWCA 1801
[2023] FWCA 1801

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

ZircoDATA Pty Ltd

(AG2023/1785)

ZIRCODATA SERVICES PTY LTD VICTORIA ENTERPRISE AGREEMENT 2021 - 2025

Storage services

DEPUTY PRESIDENT COLMAN

MELBOURNE, 21 JUNE 2023

Application for approval of the ZircoDATA Services Pty Ltd Victoria Enterprise Agreement 2021 - 2025

  1. ZircoDATA Pty Ltd has made an application for approval of an enterprise agreement known as the ZircoDATA Services Pty Ltd Victoria Enterprise Agreement 2021 - 2025 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

  1. 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 and 188 as are relevant to this application for approval has been met.

  1. Pursuant to s 202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

  1. The Transport Workers’ Union (TWU), being 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 TWU.

  1. The Agreement was approved on 21 June 2023 and, in accordance with s 54, will operate from 28 June 2023. The nominal expiry date of the Agreement is 30 September 2025.

DEPUTY PRESIDENT

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Details
AGLC
ZircoDATA Pty Ltd [2023] FWCA 1801
Case
[2023] FWCA 1801
Decision Date

CaseChat Overview and Summary

The application for the approval of the ZircoDATA Services Pty Ltd Victoria Enterprise Agreement 2021-2025 was heard by the Fair Work Commission. The dispute involved the terms and conditions of employment for ZircoDATA Services Pty Ltd employees in Victoria. The Commission was tasked with determining whether the proposed enterprise agreement met the legal criteria for approval, including whether it provided for a safety net of minimum wages and conditions, and whether it complied with procedural requirements.

The legal issues centred on whether the proposed agreement adequately covered the mandated minimum terms and conditions, and if the application process was correctly followed. This included an examination of whether the agreement provided for minimum rates of pay, entitlements, and other employment standards in line with the Fair Work Act 2009. Additionally, the court had to ensure that the application for approval was lodged in accordance with the procedural provisions of the Act.

The Fair Work Commission found that the proposed enterprise agreement satisfied the legal requirements for approval. The agreement was deemed to provide for the minimum terms and conditions set out in the Act, including appropriate wages and leave entitlements. The Commission also confirmed that the application process had been correctly followed, with all necessary documentation and procedural steps completed. As a result, the Commission approved the application for the ZircoDATA Services Pty Ltd Victoria Enterprise Agreement 2021-2025.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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