Zuma Pty Ltd T/A East Kimberley Plumbing

[2013] FWCA 4863

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Zuma Pty Ltd T/A East Kimberley Plumbing
(AG2013/6828)

ZUMA PTY LTD AND EMPLOYEE ENTERPRISE AGREEMENT 2013-2016

Plumbing industry
DEPUTY PRESIDENT MCCARTHY	PERTH, 22 JULY 2013

Application for approval of the Zuma Pty Ltd and Employee Enterprise Agreement 2013 - 2016.

[1] An application has been made for approval of an enterprise agreement known as the Zuma Pty Ltd and Employee Enterprise Agreement 2013 - 2016 (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 of the Act as are relevant to this application for approval have been met.

[3] The application was not lodged within 14 days after the Agreement was made. Pursuant to s.185(3)(b) of the Act, I consider it fair to extend the time for making the application to the date of lodgement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is 31 July 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Zuma Pty Ltd, trading as East Kimberley Plumbing, applied to the Fair Work Commission for the approval of an Enterprise Agreement. The dispute arose from negotiations between the company and its employees regarding terms and conditions of employment. The application was brought before the Fair Work Commission, the relevant tribunal for such matters in Australia.

The primary legal issues the court had to determine were whether the proposed agreement complied with the relevant legislative framework, specifically the Fair Work Act 2009, and whether the agreement was genuinely negotiated. The court also needed to ensure that the agreement met the requirements for good faith bargaining and that it did not undermine the provisions of the National Employment Standards. Additionally, the court examined if the agreement adequately addressed the needs of the employees and the business.

The Fair Work Commission found that the proposed agreement did comply with the legislative requirements. The court considered the evidence of good faith bargaining and concluded that the agreement was genuinely negotiated. The terms of the agreement were deemed fair and reasonable, and the court approved it as it did not contravene the National Employment Standards. The Commission also took into account the specific circumstances of the employer and employees, confirming that the agreement appropriately balanced their interests.

The Fair Work Commission approved the Employee Enterprise Agreement 2013 - 2016, confirming its compliance with the Fair Work Act 2009 and its genuine negotiation. This decision allows the agreement to take effect, providing a framework for the employment relationship between Zuma Pty Ltd and its employees for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established