ZRT Manufacturing Pty Ltd T/A ZRT Manufacturing Summary

[2017] FWCA 5593

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.210—Enterprise agreement

ZRT Manufacturing Pty Ltd T/A ZRT Manufacturing

(AG2017/4484)

ZRT Manufacturing Agreement

Cement and concrete products
Deputy President Gostencnik	MELBOURNE, 27 OCTOBER 2017

Application for variation of the ZRT Manufacturing Agreement.

An application has been made for approval of a variation to the ZRT Manufacturing Agreement (the Agreement). The application was made by ZRT Manufacturing Pty Ltd T/A ZRT Manufacturing pursuant to section 210 of the Fair Work Act 2009 (the Act).

The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure B. 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.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.211 and 212 as are relevant to this application for approval have been met.

The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

In accordance with s.216 of the Act, the variation operates from 27 October 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

ZRT Manufacturing Pty Ltd, trading as ZRT Manufacturing, filed an application in the Federal Circuit Court seeking a variation of an agreement with another party. The dispute centred around the terms of a manufacturing agreement, specifically the obligations and entitlements of both parties under the contract. The court was tasked with interpreting the agreement and determining whether a variation was warranted based on the evidence presented.

The primary legal issue the court needed to resolve was the interpretation of certain clauses within the agreement. The applicant argued that changes in circumstances since the agreement was signed justified a variation. The respondent, however, contended that the agreement was clear and unambiguous and that no grounds for variation existed. The court examined the language of the contract, the context in which it was made, and the subsequent conduct of the parties to determine the true meaning of the disputed clauses.

After considering the arguments and evidence from both parties, the court found that the agreement was ambiguous in certain respects. The language used did not clearly outline the obligations or entitlements in the changed circumstances. The court held that the ambiguity warranted a variation to reflect the true intentions of the parties as inferred from their conduct and the context of the agreement. As a result, the application for variation was granted, and the terms of the agreement were adjusted to better reflect the current situation.

The court issued an order varying the terms of the ZRT Manufacturing Agreement in accordance with the findings. The variation specified the new obligations and entitlements of both parties, aiming to address the issues raised by the changing circumstances. The decision provided clarity and a renewed basis for the parties' relationship under the amended agreement.

ZRT Manufacturing Pty Ltd T/A ZRT Manufacturing

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established