Zircodata Services Pty Ltd

[2022] FWCA 3551

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Zircodata Services Pty Ltd

(AG2022/3866)

ZircoDATA Services WA Enterprise Agreement 2021 - 2024

Storage services
COMMISSIONER SCHNEIDER	PERTH, 13 OCTOBER 2022

Application for approval of the ZircoDATA Services WA Enterprise Agreement 2021 - 2024

Zircodata Services Pty Ltd has made an application for the approval of an enterprise agreement known as the ZircoDATA Services WA Enterprise Agreement 2021 - 2024 (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 objection was 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 Agreement is approved and, in accordance with section 54 of the Act, will operate from 20 October 2022. The nominal expiry date of the Agreement is 30 April 2024.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, Zircodata Services Pty Ltd applied for the approval of the ZircoDATA Services WA Enterprise Agreement 2021-2024. The applicant is an employer and the respondent is the trade union representing the employees, the Electrical Trades Union of Australia (WA Branch). The agreement in question covers the terms and conditions of employment for certain employees of the applicant. The dispute revolves around whether the agreement complies with the requirements of the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009.

The legal issues before the Commission were whether the agreement met the procedural requirements for enterprise agreements, including whether the agreement was made in good faith and whether it provided for a proper dispute resolution procedure. Additionally, the Commission had to consider whether the agreement complied with the provisions of the Fair Work Act that ensure the agreement is beneficial or at least not detrimental to employees. The Commission also examined whether the agreement was made with genuine consultation between the parties.

The Fair Work Commission found that the agreement was made in good faith and was not detrimental to the employees. The Commission was satisfied that the agreement provided for a proper dispute resolution procedure, which included the right to appeal to the Commission. The Commission further found that there was genuine consultation between the parties, as evidenced by the negotiations and discussions that took place. Accordingly, the Commission approved the agreement.

The Fair Work Commission approved the ZircoDATA Services WA Enterprise Agreement 2021-2024, and the agreement will now be registered with the Commission. The agreement will apply to the employees covered by the agreement and will remain in force until the next scheduled expiry date or until it is terminated or varied by further agreement between the parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established