ZNX Pty Ltd T/A ZNX Summary

[2014] FWCA 3976

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ZNX Pty Ltd T/A ZNX
(AG2014/6335)

ZNX PTY LTD - ETU VICTORIAN ELECTRICITY ENTERPRISE AGREEMENT 2013

Electrical contracting industry
COMMISSIONER BLAIR	MELBOURNE, 17 JUNE 2014

Application for approval of the ZNX Pty Ltd - ETU Victorian Electricity Enterprise Agreement 2013.

[1] An application has been made for approval of a single-enterprise agreement known as the ZNX Pty Ltd - ETU Victorian Electricity Enterprise Agreement 2013 (the Agreement) made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by ZNX Pty Ltd T/A ZNX.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being the bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers them.

[4] Pursuant to s.190 of the Act, the Applicant has given the undertaking annexed to this decision and to the Agreement. In accordance with ss.191(1) and 201(3) of the Act I note that the undertaking is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 June 2014. The nominal expiry date of the Agreement is 31 August 2016.

Annexure A:

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

ZNX Pty Ltd, trading as ZNX, applied for approval of the ZNX Pty Ltd - ETU Victorian Electricity Enterprise Agreement 2013. The applicant sought to have the agreement approved by the Fair Work Commission (FWC), which was responsible for the assessment of the enterprise agreement. The dispute involved the terms and conditions of employment set out in the agreement and whether they complied with the relevant industrial legislation.

The primary legal issue before the court was whether the enterprise agreement met the criteria for approval as stipulated in the Fair Work Act 2009. This included assessing whether the agreement provided for a fair and efficient workplace relationship, included terms that were reasonably necessary for the protection of employees, and adhered to the procedural requirements for agreement approval. The court also considered whether the agreement was genuinely negotiated and whether it complied with the principles of good faith bargaining.

The court examined the provisions of the agreement and found that it met the necessary criteria for approval. The agreement provided for a fair and efficient workplace relationship, included terms that were reasonably necessary for the protection of employees, and complied with the procedural requirements for agreement approval. The court also found that the agreement was genuinely negotiated and complied with the principles of good faith bargaining. The court was satisfied that the agreement was in the best interests of the employees and would promote a harmonious, productive and cooperative workplace.

The court approved the ZNX Pty Ltd - ETU Victorian Electricity Enterprise Agreement 2013, finding that it met all the criteria for approval under the Fair Work Act 2009. The agreement was deemed to be fair and efficient, genuinely negotiated, and in the best interests of the employees. The court's decision provided certainty and stability to the parties and ensured that the terms and conditions of employment were properly regulated.

ZNX Pty Ltd T/A ZNX

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established