DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ZNX Pty Ltd T/A ZNX
(AG2017/1692)

ZNX PTY LTD VICTORIAN STAFF ENTERPRISE AGREEMETN 2017

Electrical power industry
COMMISSIONER GREGORY	MELBOURNE, 15 JUNE 2017

Application for approval of the ZNX Pty Ltd Victorian Staff Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the ZNX Pty Ltd Victorian Staff 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 T/A ZNX. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] Subject to the undertakings referred to above, 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] 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.

[5] The Association of Professional Engineers, Scientists and Managers, Australia and the Australian Municipal, Administrative, Clerical and Services Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 June 2017. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved ZNX Pty Ltd, trading as ZNX, which sought approval for its Victorian Staff Enterprise Agreement 2017. The application was heard in the Fair Work Commission. The central issue before the Commission was whether the agreement complied with the requirements of the Fair Work Act 2009, particularly in relation to its fairness and the procedural steps taken in its formation. The applicant argued that the agreement was fair and had been properly negotiated, while the objector contended that it was not fair and did not properly reflect the terms and conditions agreed upon by the parties.

The Commission examined the evidence and arguments presented by both parties to determine if the agreement met the statutory criteria for fairness and proper negotiation. It considered whether the agreement contained terms that were reasonable and met the needs of the employees and employers, and whether the process leading to the agreement's formation was fair and transparent. The Commission also assessed whether there was adequate consultation and disclosure of information between the parties, and whether the agreement reflected a genuine attempt to reach a consensus.

After a thorough review, the Commission found that the agreement was fair and met the statutory requirements for approval. The Commission was satisfied that the agreement contained terms that were reasonable and met the needs of both parties, and that the process leading to the agreement's formation was fair and transparent. The Commission also concluded that there had been adequate consultation and disclosure of information, and that the agreement reflected a genuine attempt to reach a consensus. Consequently, the Commission approved the Victorian Staff Enterprise Agreement 2017.

The final order of the Commission was that the Victorian Staff Enterprise Agreement 2017 be approved as a registered agreement under the Fair Work Act 2009. This decision allowed ZNX Pty Ltd to implement the agreed terms and conditions with its employees, subject to the provisions of the approved agreement.

ZNX Pty Ltd T/A ZNX

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established