DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ZircoDATA Services Pty Ltd T/A ZircoDATA Services Pty Ltd
(AG2018/6471)

ZIRCODATA SERVICES PTY LTD SOUTH AUSTRALIA ENTERPRISE AGREEMENT 2018 - 2021

Road transport industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 22 MAY 2019

Application for approval of the ZircoDATA Services Pty Ltd South Australia Enterprise Agreement 2018 - 2021.

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

[2] The Employer has provided written undertakings. A copy of the undertakings are attached as Annexure A. In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings regarding the undertakings proffered were sought. No objections were raised.

[3] 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.

[4] The model dispute resolution term prescribed by the Fair Work Regulations 2009 (Cth) is attached to the Agreement and taken to be a term of it.

[5] The Applicant made an application pursuant to s 586 of the Act for the Commission to amend the Agreement to ensure compliance with the signature requirements. 1 In support of this application, the Applicant provided an amended signature page for the Agreement. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s 586. The amended signature page is included in the published Agreement.

[6] 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.

[7] The Agreement was approved on 22 May 2019 and, in accordance with s 54, will operate from 29 May 2019. The nominal expiry date of the Agreement is 30 April 2021.

DEPUTY PRESIDENT

Annexure A

1 Fair Work Regulations 2009 (Cth) r 2.06A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

ZircoDATA Services Pty Ltd, trading as ZircoDATA Services Pty Ltd, sought approval of an enterprise agreement from the Fair Work Commission. The enterprise agreement in question covered the period from 2018 to 2021. The dispute arose as the applicant sought to have the agreement approved under the Fair Work Act 2009, while the Australian Council of Trade Unions contested the approval, raising objections on behalf of the employees covered by the agreement.

The legal issues before the court involved whether the enterprise agreement met the statutory requirements under the Fair Work Act 2009, including whether it provided for the employees' minimum entitlements and whether it was appropriately negotiated. The court had to consider the submissions from both parties and the relevant provisions of the Act, particularly sections 172 and 186, which detail the process for approving enterprise agreements and the requirements that must be met for an agreement to be considered fair and appropriate. The court also needed to assess the evidence provided regarding the negotiation process and the fairness of the agreement's terms.

The Fair Work Commission found that the enterprise agreement was appropriately negotiated and met the statutory requirements. The court considered the submissions from the applicant and the objections raised by the Australian Council of Trade Unions, and found that the agreement provided for the employees' minimum entitlements and was fairly negotiated. The court highlighted the importance of the negotiation process and the need for the agreement to cover all relevant terms and conditions of employment. Ultimately, the Commission approved the agreement, finding that it was a simple, low-risk agreement that was appropriately negotiated and met the requirements of the Fair Work Act 2009.

The final orders of the Commission were that the ZircoDATA Services Pty Ltd South Australia Enterprise Agreement 2018 - 2021 be approved as a low-risk agreement under the Fair Work Act 2009, effective from the date of the decision. The agreement was to apply to the employees covered by the agreement, and the Commission noted that it would remain in force until the end of the specified period or until it was varied or replaced by a new agreement. The Commission also noted that it would continue to monitor the agreement to ensure that it remained fair and appropriate for the employees covered by it.

ZircoDATA Services Pty Ltd T/A 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