Zupps Southside Pty Ltd

[2013] FWCA 10014

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Zupps Southside Pty Ltd
(AG2013/11812)

ZUPPS SOUTHSIDE PTY LTD, ROCKLEA & CABOOLTURE ENTERPRISE AGREEMENT 2013

Vehicle industry
COMMISSIONER RIORDAN	SYDNEY, 19 DECEMBER 2013

Application for approval of the Zupps Southside Pty Ltd, Rocklea & Caboolture Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known asthe Zupps Southside Pty Ltd, Rocklea & Caboolture Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Zupps Southside Pty Ltd (the Applicant). 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 relevant to this application for approval have been met.

[3] The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as Australian Manufacturing Workers’ Union (the Union) have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 17 August 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Zupps Southside Pty Ltd applied to the Fair Work Commission for approval of the Zupps Southside Pty Ltd, Rocklea & Caboolture Enterprise Agreement 2013. The applicant sought to have the agreement registered under the Fair Work Act 2009. The legal issues the court needed to address were whether the agreement met the requirements of the Act, particularly in terms of its coverage, the process by which it was negotiated, and whether it provided fair terms and conditions for employees. The court examined whether the agreement was made in good faith and whether it adhered to the provisions of the Act regarding employee representation and consultation. The applicant argued that the agreement was made in good faith, negotiated properly, and provided fair terms for the employees.

The court found that the agreement was made in good faith and was negotiated appropriately. The court was satisfied that the process of negotiation met the standards set by the Fair Work Act. It further determined that the terms of the agreement provided fair and reasonable conditions for the employees. The court concluded that the agreement met all statutory requirements and granted approval for the agreement to be registered. This decision ensures that the terms of the enterprise agreement will be legally binding and enforceable for the parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established