Zuma Pty Ltd Trading AS East Kimberley Plumbing

[2025] FWCA 897

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Zuma Pty Ltd Trading AS East Kimberley Plumbing

(AG2025/583)

ZUMA PTY LTD AND EMPLOYEE ENTERPRISE AGREEMENT 2025 - 2028

Plumbing industry
COMMISSIONER SCHNEIDER	PERTH, 12 MARCH 2025

Application for approval of the Zuma Pty Ltd and Employee Enterprise Agreement 2025 - 2028

Zuma Pty Ltd Trading AS East Kimberley Plumbing (the Applicant) has made an application under section 185 of the Fair Work Act 2009 (Cth) (the Act) for the approval of a single enterprise agreement known as the Zuma Pty Ltd and Employee Enterprise Agreement 2025 - 2028 (the Agreement).

On the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of sections 186, 187 and 188 of the Act as are relevant to this application for approval have been met.

Clause 5.4 of the Agreement provides that where there is any conflict with the National Employment Standards (NES) and the Agreement the NES will apply to the extent of the inconsistency.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 19 March 2025. The nominal expiry date of the Agreement is 30 September 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this matter, Zuma Pty Ltd, trading as East Kimberley Plumbing, sought approval for an enterprise agreement. The application was heard by the Fair Work Commission (FWC). The dispute involved the terms and conditions of employment for the employees of Zuma Pty Ltd, specifically those covered by the proposed enterprise agreement.

The legal issues before the FWC centred on whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009 (Cth). This included assessing whether the agreement was genuinely negotiated, whether it contained the required minimum terms and conditions, and whether it was in the best interests of the employees. Additionally, the FWC had to determine whether the agreement met the procedural requirements for its approval.

The FWC found that the proposed agreement was genuinely negotiated and contained all the required minimum terms and conditions. The FWC considered that the agreement was in the best interests of the employees and did not include any terms that were contrary to public policy. The FWC also found that all procedural requirements for the approval of the agreement had been met. Therefore, the FWC approved the Zuma Pty Ltd and Employee Enterprise Agreement 2025 - 2028.

The FWC ordered that the agreement be approved and registered under the Fair Work Act 2009 (Cth). The agreement would apply to the employees of Zuma Pty Ltd and would commence on the date of the FWC's decision. The FWC's decision was binding on all parties and could not be appealed except on limited grounds.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established