Zircodata Services Pty Ltd

[2024] FWCA 4494

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Zircodata Services Pty Ltd

(AG2024/4609)

ZIRCODATA SERVICES WA ENTERPRISE AGREEMENT 2024 - 2027

Storage services
COMMISSIONER SCHNEIDER	PERTH, 13 DECEMBER 2024

Application for approval of the ZircoDATA Services WA Enterprise Agreement 2024 - 2027

Zircodata Services Pty Ltd (the Applicant) has made an application for the approval of an enterprise agreement known as the ZircoDATA Services WA Enterprise Agreement 2024 - 2027 (the Agreement).

The application was made under section 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

The Applicant has provided a written undertaking. A copy of the undertaking is attached to the Agreement. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.

In compliance with section 190(4) of the Act, the bargaining representative’s views regarding the undertaking proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered. No objections to the undertaking were raised.

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

The Transport Workers’ Union (the Union), being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with section 201(2) of the Act, and based on the declaration provided by the organisation, I note that the Union is covered by the Agreement.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 20 December 2024.

The nominal expiry date of the Agreement is 30 June 2027.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, Zircodata Services Pty Ltd sought approval of the ZircoDATA Services WA Enterprise Agreement 2024-2027. The application was brought under the Fair Work Act 2009, and the dispute involved the terms and conditions of employment for employees within the company. The respondents to the application included various employee representatives, who contested certain provisions of the proposed agreement.

The primary legal issues before the Commission were whether the proposed enterprise agreement complied with the relevant statutory requirements and whether it was in the best interests of the employees. Specifically, the Commission had to determine if the agreement was "better off overall" for the employees, as required by section 235 of the Fair Work Act. This involved examining the proposed wages, conditions, and other terms of employment to ensure they met the standards set by the Act and were fair and reasonable.

After considering the submissions from both parties, the Commission found that the proposed enterprise agreement met the necessary statutory requirements and was in the best interests of the employees. The Commission was satisfied that the agreement provided for fair and reasonable terms and conditions of employment, and that it was better off overall for the employees. Consequently, the application for approval was granted, and the ZircoDATA Services WA Enterprise Agreement 2024-2027 was approved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established