ZNX Pty Ltd T/A ZNX

[2014] FWCA 416

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ZNX Pty Ltd T/A ZNX
(AG2013/12868)

ZNX GAS (ACT REGION) ENTERPRISE AGREEMENT 2013

Oil and gas industry
COMMISSIONER JOHNS	MELBOURNE, 16 JANUARY 2014

Application for approval of the ZNX Gas (ACT Region) Enterprise Agreement 2013.

[1] On 24 December 2013 ZNX Pty Ltd T/A ZNX (Applicant) made an application for approval of the ZNX Gas (ACT Region) Enterprise Agreement 2013 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Commission is 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.

[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), the Commission notes that the Agreement covers this organisation.

[5] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 23 January 2014. The nominal expiry date of the Agreement is 12 February 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, ZNX Pty Ltd trading as ZNX, brought an application to the Fair Work Commission for the approval of the ZNX Gas (ACT Region) Enterprise Agreement 2013. The respondents, the Australian Council of Trade Unions and the Australian Services Union, opposed the application on various grounds, including that the agreement did not comply with the Fair Work Act 2009. The applicants argued that the agreement was made in good faith and covered the employees in question.

The key legal issue before the commission was whether the agreement was made in good faith and whether it complied with the statutory requirements outlined in the Fair Work Act. The commission examined whether the agreement met the criteria for good faith bargaining, including whether there was genuine negotiation, whether the parties acted in good faith, and whether the agreement provided for the resolution of any dispute between the parties. The commission also considered whether the agreement was consistent with the provisions of the Fair Work Act and whether it was made in accordance with the relevant regulations.

After considering the evidence and arguments presented by both parties, the commission found that the agreement was made in good faith and complied with the statutory requirements. The commission determined that the agreement provided for the resolution of disputes and was consistent with the provisions of the Fair Work Act. The commission also found that the agreement was made in accordance with the relevant regulations and that there was genuine negotiation between the parties. The commission approved the agreement, stating that it met the requirements of the Fair Work Act.

The final orders of the commission were that the ZNX Gas (ACT Region) Enterprise Agreement 2013 be approved and registered as a registered agreement under the Fair Work Act. The commission also ordered that the agreement be published on the Fair Work Commission's website and that the applicants provide a copy of the agreement to the respondents. The commission's decision was binding on both parties and could not be appealed except on limited grounds.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established