DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

ZNX Pty Ltd; The Association of Professional Engineers, Scientists and Managers, Australia
(AG2014/10884)

ZNX VICTORIAN STAFF ENTERPRISE AGREEMENT 2014

Electrical power industry
SENIOR DEPUTY PRESIDENT HARRISON	SYDNEY, 3 FEBRUARY 2015

Application for approval of the ZNX Victorian Staff Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the ZNX Victorian Staff Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

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

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 10 February 2015. The nominal expiry date of the Agreement is 1 January 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Price code J, AE412482 PR560671

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the ZNX Victorian Staff Enterprise Agreement 2014. The applicant, ZNX Pty Ltd, sought approval for the agreement which it had negotiated with the Association of Professional Engineers, Scientists and Managers, Australia, a registered union. The dispute centred around the terms of the proposed agreement, specifically whether it complied with the requirements of the Fair Work Act 2009 and if it was in the best interests of the employees.

The legal issues before the commission involved examining whether the agreement met the criteria for approval as outlined in the Fair Work Act 2009. This included assessing if the agreement provided for fair and reasonable terms, if it was negotiated in good faith, and if it did not have an adverse effect on employees outside of the bargaining unit. Additionally, the commission had to consider if the agreement was consistent with the principles of the Fair Work Act 2009, including the protection of employees' rights and interests.

The commission determined that the application for approval of the agreement should be granted, finding that it met the necessary criteria under the Fair Work Act 2009. The agreement was found to provide for fair and reasonable terms and conditions, was negotiated in good faith, and did not have an adverse effect on employees outside of the bargaining unit. The commission also found that the agreement was consistent with the principles of the Fair Work Act 2009, including the protection of employees' rights and interests. The commission was satisfied that the agreement was in the best interests of the employees and accordingly approved the agreement.

The final orders of the commission included the approval of the ZNX Victorian Staff Enterprise Agreement 2014, subject to certain conditions and modifications to ensure compliance with the Fair Work Act 2009. The commission directed that the agreement be registered and enforceable as a registered agreement under the Act. The parties were also directed to provide the commission with a copy of the agreement once it had been signed by the necessary parties.

ZNX Pty Ltd; The Association of Professional Engineers, Scientists and Managers, Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established