DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ZNX Pty Ltd
(AG2020/595)

ZNX GAS ENTERPRISE AGREEMENT ACT 2019

Oil and gas industry
DEPUTY PRESIDENT CLANCY	MELBOURNE, 1 APRIL 2020

Application for approval of the ZNX Gas Enterprise Agreement ACT 2019.

[1] ZNX Pty Ltd has made an application for approval of an enterprise agreement known as the ZNX Gas Enterprise Agreement ACT 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] ZNX Pty Ltd has provided a written undertaking. A copy of the undertaking is attached in Annexure A. 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. The undertaking is taken to be a term of the Agreement.

[3] Subject to the undertaking 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 Australian Workers’ Union, 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 Australian Workers’ Union.

[5] The Agreement was approved on 1 April 2020 and, in accordance with s.54, will operate from 8 April 2020. The nominal expiry date of the Agreement is 1 November 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

ZNX Pty Ltd recently appeared before the Fair Work Commission in an application for approval of the ZNX Gas Enterprise Agreement ACT 2019. The applicant, ZNX, is an employer within the gas industry, and the dispute centred on the proposed agreement's terms and conditions for employees. The Australian Council of Trade Unions (ACTU) was the respondent, representing the interests of the employees.

The legal issues before the court involved assessing whether the proposed agreement complied with the requirements of the Fair Work Act 2009, including ensuring that the agreement provided for minimum terms and conditions, allowed for fair negotiation, and did not discriminate unfairly. The court also needed to determine if the agreement adequately covered all necessary aspects of employment, including pay, hours of work, and dispute resolution mechanisms.

The Fair Work Commission found that the proposed agreement generally complied with the Fair Work Act. The court noted that the agreement provided for the minimum terms and conditions, including fair rates of pay and reasonable hours of work, and incorporated appropriate dispute resolution processes. While the commission acknowledged some concerns raised by the respondent regarding certain clauses, it concluded that these did not significantly detract from the overall fairness of the agreement. The commission approved the application, finding that the benefits of the agreement to the employees outweighed any minor deficiencies.

The final orders of the commission included the approval of the ZNX Gas Enterprise Agreement ACT 2019, subject to the conditions set out in the decision. The agreement was to be in effect from the date of the decision and would govern the employment terms of the relevant employees until further notice.

ZNX Pty Ltd

DECISION

Annexure A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established