DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ZircoDATA Services Pty Ltd
(AG2019/3916)

ZIRCODATA SERVICES PTY LTD VICTORIA ENTERPRISE AGREEMENT 2018-2021

Road transport industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 13 NOVEMBER 2019

Application for approval of the ZircoDATA Services Pty Ltd Victoria Enterprise Agreement 2018-2021

[1] ZircoDATA Services Pty Ltd has made an application for approval of an enterprise agreement known as the ZircoDATA Services Pty Ltd Victoria Enterprise Agreement 2018-2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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.

[4] The Transport Workers’ Union of Australia, 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 the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 13 November 2019 and, in accordance with s 54, will operate from 20 November 2019. The nominal expiry date of the Agreement is 30 September 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application by ZircoDATA Services Pty Ltd for approval of the ZircoDATA Services Pty Ltd Victoria Enterprise Agreement 2018-2021. The applicant sought the agreement's approval under section 234 of the Fair Work Act 2009, as it was necessary to establish a new enterprise agreement following the expiration of the previous one. The application was made on the basis that the agreement provided for terms and conditions of employment that were considered fair and reasonable by the Commission.

The primary legal issues before the Commission were whether the agreement met the criteria for approval as stipulated in the Fair Work Act and the Fair Work Regulations 2009. Specifically, the Commission needed to determine if the agreement provided for a fair and efficient workplace, whether it complied with the safety net provisions, and if it was procedurally sound in its creation. Additionally, the Commission considered whether the agreement provided for appropriate minimum rates of pay, allowances, and leave entitlements.

After reviewing the application and the evidence presented, the Commission found that the agreement met the necessary criteria for approval. The Commission was satisfied that the agreement provided for fair and efficient workplace terms and conditions, and that it complied with the safety net provisions of the Act. Furthermore, the Commission determined that the agreement had been fairly and properly negotiated and that it provided for minimum rates of pay, allowances, and leave entitlements that were in line with industry standards. The Commission concluded that the agreement was in the best interests of the employees and approved the ZircoDATA Services Pty Ltd Victoria Enterprise Agreement 2018-2021.

The Fair Work Commission's final order was the approval of the ZircoDATA Services Pty Ltd Victoria Enterprise Agreement 2018-2021, which will now serve as the governing document for the terms and conditions of employment between the applicant and its employees 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