Zinfra Contracting Pty Ltd

[2016] FWCA 239

DECISION

Fair Work Act 2009
s.185—Enterprise agreement
Zinfra Contracting Pty Ltd
(AG2015/7675)
ZINFRA CONTRACTING QUEENSLAND ELECTRICAL
AGREEMENT 2015
Electrical contracting industry
COMMISSIONER LEE	MELBOURNE, 13 JANUARY 2016

Application for approval of the Zinfra Contracting Queensland Electrical Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the

Zinfra Contracting Queensland Electrical Agreement 2015 (the Agreement). The application

was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Zinfra

Contracting Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to

this application for approval have been met.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair

Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing

and Allied Services Union of Australia being a bargaining representative for the Agreement,

has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance

with s.201(2) I note that the Agreement covers the organisation.
[2016] FWCA 239

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from

20 January 2016. The nominal expiry date of the Agreement is 19 January 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before Commissioner Lee was an application by Zinfra Contracting Pty Ltd for the approval of the Zinfra Contracting Queensland Electrical Agreement 2015 (the Agreement). This application was made under section 185 of the Fair Work Act 2009, and the Agreement in question is a single enterprise agreement. The primary issue for the court was to determine whether the Agreement met all relevant requirements under sections 186, 187, and 188 of the Act, and whether the Agreement would be approved and consequently operate as intended.

Commissioner Lee found that all necessary requirements for approval were met. The model consultation term prescribed by the Fair Work Regulations 2009 was deemed to be a term of the Agreement as per section 205(2) of the Act. Additionally, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, a bargaining representative for the Agreement, had given notice under section 183 of the Act that it wanted the Agreement to cover its members. Under section 201(2) of the Act, the Agreement was noted to cover the organisation.

Following the assessment, the Agreement was approved, and it will operate from 20 January 2016, with a nominal expiry date of 19 January 2019, in accordance with section 54 of the Act. The Commissioner's decision thus ensures that the Agreement will be legally binding and effective 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