DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ZRT CTW 2 PTY LTD T/A ZRT
(AG2017/311)

ZRT CTW 2 GREENFIELDS AGREEMENT 2017

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 22 FEBRUARY 2017

Application for approval of the ZRT CTW 2 Greenfields Agreement 2017.

[1] An application has been made for approval of a greenfields agreement known as the ZRT CTW 2 Greenfields Agreement 2017 (Agreement). The application was made by ZRT CTW 2 PTY LTD T/As ZRT pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that The Australian Workers’ Union are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with The Australian Workers’ Union and that the Agreement covers these organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 March 2017. The nominal expiry date of the Agreement is 22 February 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, ZRT CTW 2 Pty Ltd trading as ZRT, sought approval of an enterprise agreement in the Fair Work Commission. The dispute involved the terms and conditions of employment for employees within the specified enterprise. The Commission was tasked with determining whether the agreement complied with the relevant industrial legislation.

The central legal issues before the Commission were whether the agreement met the statutory requirements for enterprise agreements under the Fair Work Act 2009. This included assessing whether the agreement had been made in good faith, whether it complied with the provisions regarding minimum entitlements, and whether the process followed in reaching the agreement was fair and appropriate. The applicant argued that the agreement was a genuine and fair enterprise agreement that appropriately balanced the interests of the employer and the employees.

The Commission found that the agreement was made in good faith and was fair and appropriate. The applicant had demonstrated that the agreement had been negotiated with genuine intent to reach a resolution, and the process followed was appropriate and compliant with the legislative requirements. The agreement also provided for minimum entitlements as required by the Act. Therefore, the Commission approved the agreement, finding it to be a lawful and valid enterprise agreement.

The Fair Work Commission approved the ZRT CTW 2 Greenfields Agreement 2017, confirming its compliance with the statutory requirements under the Fair Work Act 2009. The Commission's decision upheld the agreement as a legitimate and fair resolution of the terms and conditions of employment within the specified enterprise.

ZRT CTW 2 PTY LTD T/A ZRT

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established