DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Zinfra Contracting Pty Ltd
(AG2015/3880)

ZINFRA CONTRACTING PTY LTD ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	PERTH, 27 AUGUST 2015

Application for approval of the Zinfra Contracting Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Zinfra Contracting Pty Ltd Enterprise 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] The Applicant 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.

[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 27 August 2015 and, in accordance with s.54, will operate from 3 September 2015. The nominal expiry date of the Agreement is 3 September 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Zinfra Contracting Pty Ltd recently faced an application before the Fair Work Commission concerning the approval of the Zinfra Contracting Pty Ltd Enterprise Agreement 2015. The matter involved the terms of employment, including wages, working conditions, and other employment-related matters, for employees within the company. The Fair Work Commission was tasked with determining whether the agreement complied with the relevant statutory requirements and if it met the necessary standards under the Fair Work Act 2009.

The legal issues at the forefront of this case centred around the compliance of the enterprise agreement with the Fair Work Act 2009, specifically whether it met the "better off overall test" and the "no disbenefit test." The commission needed to ascertain if the agreement provided a safety net that was at least equivalent to the national safety net of minimum wages and conditions, and if it did not impose any terms that would be less favourable to the employees compared to their previous conditions of employment.

The commission, after a thorough review, found that the agreement met the statutory requirements under the Fair Work Act 2009. It was determined that the agreement provided a safety net that was at least as good as the national safety net and did not impose any terms that would be detrimental to the employees. Consequently, the application for approval was successful, and the commission approved the enterprise agreement. The decision underscores the importance of ensuring that any enterprise agreements are not only legally compliant but also beneficial to the employees they cover.

Zinfra Contracting Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established