DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ZNX Pty Ltd
(AG2017/3558)

ZNX GAS ACT ENTERPRISE AGREEMENT 2017

Australian Capital Territory
DEPUTY PRESIDENT GOSTENCNIK	SYDNEY, 17 NOVEMBER 2017

Application for approval of the ZNX Gas ACT Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the ZNX Gas ACT Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by ZNX Pty Ltd. 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.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[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 organisation.

[5] The Agreement was approved on and, in accordance with s.54, will operate from 24 November 2017. The nominal expiry date of the Agreement is 1 November 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties to the case were ZNX Pty Ltd and their employees, represented by the United Voice union. The dispute was about the approval of the ZNX Gas ACT Enterprise Agreement 2017. The case was heard in the Fair Work Commission of Australia. The legal issues that the court had to decide were whether the agreement was a genuine enterprise agreement and whether it complied with the Fair Work Act 2009.

The court examined the process by which the agreement was made and found that the union had followed the correct procedures in bargaining with the employer. The court also considered whether the agreement complied with the statutory requirements of the Fair Work Act, including the provisions for minimum entitlements and dispute resolution. The court found that the agreement was compliant with the Act and that it was a genuine enterprise agreement.

The court approved the ZNX Gas ACT Enterprise Agreement 2017 and made an order that it be registered with the Fair Work Commission. The agreement provides for a two-year term, with provisions for wage increases and other benefits for employees. The court's decision ensures that the employees of ZNX Pty Ltd will have a fair and compliant enterprise agreement that protects their rights and interests.

ZNX Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established