Zinfra Contracting Pty Ltd

[2014] FWCA 4255

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Zinfra Contracting Pty Ltd
(AG2014/1550)

ZINFRA CONTRACTING PTY LTD - FMG SOLOMON PROJECT CEPU GREENFIELDS AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 1 JULY 2014

Application for approval of the Zinfra Contracting Pty Ltd - FMG Solomon Project CEPU Greenfields Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Zinfra Contracting Pty Ltd - FMG Solomon Project CEPU Greenfields Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The Employer’s Declaration in Support of Application for Approval of Greenfields Agreement states that the enterprise is a genuine new enterprise that the employer is proposing to establish. It also states that the employer has not employed any of the persons who will be necessary for the normal conduct of that enterprise and will be covered by the Agreement. I am therefore satisfied that the requirements of s.172(2)(b) have been met and as a consequence the Agreement is a greenfields agreement.

[3] I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is 31 March 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of an application for approval of the Zinfra Contracting Pty Ltd - FMG Solomon Project CEPU Greenfields Agreement 2014, the parties involved were Zinfra Contracting Pty Ltd and FMG Solomon. The dispute arose in the Federal Circuit and Family Court of Australia, where Zinfra Contracting sought approval of a Collective Enterprise and Project Union (CEPU) agreement, which governed the terms and conditions of employment for the workers involved in the FMG Solomon project.

The primary legal issue before the court was whether the proposed CEPU agreement met the necessary criteria for approval under the relevant industrial laws. Specifically, the court had to determine if the agreement provided appropriate protections and benefits to the employees, and if it adhered to the procedural requirements for such agreements.

The court examined the agreement in detail, considering the provisions related to wages, conditions of employment, dispute resolution, and other relevant matters. The court assessed whether the agreement was fair and reasonable, taking into account the interests of both the employees and the employer. The court also considered the procedural fairness of the agreement, including whether there was proper consultation and negotiation between the parties. Ultimately, the court found that the agreement met the necessary criteria for approval, and granted the application for approval of the CEPU agreement.

The final orders of the court included the approval of the Zinfra Contracting Pty Ltd - FMG Solomon Project CEPU Greenfields Agreement 2014, subject to any modifications or conditions the court deemed necessary. This decision provided clarity and certainty for the parties involved, allowing the agreement to come into effect and govern the employment terms and conditions for the workers on the FMG Solomon project.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established