DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ZircoDATA Services Pty Ltd
(AG2018/5073)

ZIRCODATA SERVICES WA ENTERPRISE AGREEMENT 2018 - 2021

Road transport industry
DEPUTY PRESIDENT BEAUMONT	MELBOURNE, 20 FEBRUARY 2019

Application for approval of the ZircoDATA Services WA Enterprise Agreement 2018 - 2021.

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

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, and 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, 188 and 190 as are relevant to this application for approval have been met.

[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 20 February 2019 and, in accordance with s.54, will operate from 27 February 2019. The nominal expiry date of the Agreement is 30 April 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties involved in the case were ZircoDATA Services Pty Ltd and the Fair Work Commission. The dispute revolved around the application for approval of the ZircoDATA Services WA Enterprise Agreement 2018-2021. The matter was heard in the Fair Work Commission. The central legal issues that the court needed to address included whether the enterprise agreement was fairly and appropriately negotiated and whether it complied with the relevant provisions of the Fair Work Act 2009. The court was also required to determine if the agreement met the necessary criteria for approval under the legislation.

The Fair Work Commission, in its decision, considered the principles of good faith bargaining and the overall fairness of the agreement. The court examined the negotiation process, the content of the agreement, and the interests of the employees and the employer. It assessed whether the agreement provided for a fair and reasonable balance of interests and if it complied with the statutory requirements. The court also evaluated the fairness of the terms and conditions, including wages, working hours, and other employment-related matters. After thorough analysis, the court concluded that the agreement was appropriately negotiated and met the necessary criteria for approval.

Following its reasoning, the Fair Work Commission approved the ZircoDATA Services WA Enterprise Agreement 2018-2021. The court found that the agreement was fair and met all statutory requirements. The decision acknowledged the balanced negotiation process and the fair terms and conditions of the agreement. The court's approval of the enterprise agreement signifies its compliance with the Fair Work Act 2009 and its suitability for implementation between the parties.

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