DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ZircoDATA Services Pty Ltd
(AG2021/5333)

ZIRCODATA SERVICES NSW ENTERPRISE AGREEMENT 2019-2022

Road transport industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 10 JUNE 2021

Application for approval of the ZircoDATA Services NSW Enterprise Agreement 2019 - 2022.

[1] An application has been made for approval of an enterprise agreement to be known as the ZircoDATA Services NSW Enterprise Agreement 2019 – 2022(Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by ZircoDATA Services Pty Ltd (Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings dated 7 June 2021. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Road Transport and Distribution Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

[3] The following employee organisation (which was a bargaining representative for the Agreement), has given notice under s.183 of the Act that they want to be covered by the Agreement:

Transport Workers’ Union of Australia (TWU).

[4] In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

[5] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[6] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 June 2021. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves an application for approval of the ZircoDATA Services NSW Enterprise Agreement 2019 - 2022, heard by the Fair Work Commission. The applicant, ZircoDATA Services Pty Ltd, sought approval of the agreement under the Fair Work Act 2009. The dispute centred on whether the agreement met the requirements of the Act, particularly concerning the classification of employees and the terms and conditions of employment.

The primary legal issue before the Commission was whether the proposed agreement adequately classified employees and provided for their terms and conditions in compliance with the Fair Work Act. The applicant argued that the agreement was appropriate and fair, while the respondents raised concerns about certain provisions, including classification and pay rates. The Commission needed to determine if the agreement contained provisions that were not in the best interests of the employees or contrary to the public interest.

After reviewing the evidence and submissions from both parties, the Commission found that the agreement was fair and appropriate. The Commission concluded that the classification of employees and the terms and conditions provided for in the agreement were reasonable and met the requirements of the Act. The Commission also found that the agreement did not contain any provisions that were contrary to the public interest or the best interests of the employees.

Consequently, the Fair Work Commission approved the ZircoDATA Services NSW Enterprise Agreement 2019 - 2022, as applied, subject to the conditions set out in the decision. The agreement will now be binding on the parties and will govern the employment terms and conditions of the employees covered by the agreement for the specified period.

ZircoDATA Services Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established