DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Zuma Pty Ltd t/a East Kimberley Plumbing
(AG2019/4811)

ZUMA PTY LTD AND EMPLOYEE ENTERPRISE AGREEMENT 2019 - 2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 31 JANUARY 2020

Application for approval of the Zuma Pty Ltd and Employee Enterprise Agreement 2019 - 2023

[1] Zuma Pty Ltd t/a East Kimberley Plumbing has made an application for approval of an enterprise agreement known as the Zuma Pty Ltd and Employee Enterprise Agreement 2019 - 2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of the agreement.

[3] 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 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement was approved on 31 January 2020 and, in accordance with s 54, will operate from 7 February 2020. The nominal expiry date of the Agreement is 31 July 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Zuma Pty Ltd, trading as East Kimberley Plumbing, applied to the Fair Work Commission for approval of an Enterprise Agreement with its employees. The application involved the Zuma Pty Ltd and Employee Enterprise Agreement 2019 - 2023. The legal issues before the Commission were whether the agreement complied with the requirements of the Fair Work Act 2009 and if it was in the best interests of the employees.

The Commission examined the terms of the agreement to determine if they were procedurally and substantively valid. Procedurally, the agreement had to be made in good faith and with proper consultation. The Commission considered evidence from both parties regarding the negotiation process. Substantively, the terms had to meet minimum standards as set out in the Fair Work Act. The Commission assessed whether the wages, hours, and other conditions met or exceeded these standards.

The Commission found that the agreement was made in good faith, with adequate consultation and bargaining. The terms of the agreement were found to be fair and reasonable, meeting or exceeding the minimum standards required by the Act. The Commission concluded that the agreement was in the best interests of the employees and approved it. The approval ensures that the terms of the agreement are legally enforceable between Zuma Pty Ltd and its employees for the specified period.

Zuma Pty Ltd t/a East Kimberley Plumbing

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established