Zinfra Contracting Pty Ltd

[2014] FWCA 7818

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Zinfra Contracting Pty Ltd
(AG2014/8966)

ZINFRA TASMANIA ELECTRICAL WORKS ENTERPRISE AGREEMENT 2014 - 2017

Tasmania
COMMISSIONER LEE	MELBOURNE, 3 NOVEMBER 2014

Application for approval of the Zinfra Tasmania Electrical Works Enterprise Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the Zinfra Tasmania Electrical Works Enterprise Agreement 2014-2017 (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 consultation provision at clause 3.4 of the Agreement does not specify that consultation must occur regarding a change to regular rosters, as required by ss.205(1)(a)(ii) and s.205(1A) of the Act. In accordance with s.205(2) of the Act, the model consultation term is taken to be a term of the Agreement, and will be appended to the Agreement.

[3] 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.

[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.

[5] The Agreement is approved, and, in accordance with s.54 of the Act, will operate from 10 November 2014. The nominal expiry date of the Agreement is 1 October 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Zinfra Contracting Pty Ltd applied to the Fair Work Commission for approval of the Zinfra Tasmania Electrical Works Enterprise Agreement 2014-2017. The applicant is an electrical contractor engaged in the construction industry, and the dispute revolves around the terms of the proposed enterprise agreement. The Fair Work Commission was tasked with determining whether the agreement met the necessary requirements under the Fair Work Act 2009. The primary legal issue before the Commission was whether the agreement satisfied the provisions of section 233 of the Act, which mandates that enterprise agreements must meet specific conditions, including that they provide for a direct and clear bargain between the parties, contain minimum terms, and be free from provisions that are unfair.

The Commission examined the agreement to ascertain if it complied with the statutory requirements. It considered the fairness of the terms, the process through which the agreement was negotiated, and whether the agreement contained all the mandatory minimum terms. The Commission noted that the agreement was the product of genuine negotiations between the parties, and it found that the terms were not unfair. The agreement contained all the mandatory minimum terms, and the Commission was satisfied that it represented a direct and clear bargain. Consequently, the Commission determined that the agreement met all the statutory requirements for approval.

Accordingly, the Fair Work Commission approved the Zinfra Tasmania Electrical Works Enterprise Agreement 2014-2017, finding it to be fair and meeting all the necessary conditions under the Fair Work Act 2009. The Commission's decision was grounded in its assessment of the agreement's compliance with statutory provisions and the genuine nature of the bargaining process. The final orders of the Commission were that the agreement be approved and registered with the Fair Work Commission.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established