Zinfra Contracting Pty Ltd Summary

[2025] FWCA 2012

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Zinfra Contracting Pty Ltd

(AG2025/1787)

ZINFRA PROJECTS AND INFRASTRUCTURE (ZINFRA CONTRACTING PTY LTD) TESTING AND COMMISSIONING (VIC) ENTERPRISE AGREEMENT 2025

Electrical contracting industry
COMMISSIONER REDFORD	MELBOURNE, 18 JUNE 2025

Application for approval of the Zinfra Projects and Infrastructure (Zinfra Contracting Pty Ltd) Testing and Commissioning (Vic) Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the Zinfra Projects and Infrastructure (Zinfra Contracting Pty Ltd) Testing and Commissioning (Vic) Enterprise Agreement 2025 (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.

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.

The Australian Municipal, Administrative, Clerical and Services Union-Victorian Private Sector Branch (ASU) 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 ASU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate 7 days after approval.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Zinfra Contracting Pty Ltd recently applied to the Fair Work Commission for the approval of the Zinfra Projects and Infrastructure (Zinfra Contracting Pty Ltd) Testing and Commissioning (Vic) Enterprise Agreement 2025. The application arose from a dispute between the company and the United Workers Union, with the union contesting certain provisions of the proposed agreement. The Fair Work Commission was tasked with determining whether the agreement was in the best interests of the employees covered by it.

The key legal issues before the Commission were whether the proposed agreement met the statutory requirements for approval, including compliance with the Fair Work Act 2009 and the Fair Work (Testing and Commissioning) Agreement 2010. The Commission considered whether the agreement provided for fair and reasonable terms and conditions, and whether it allowed for a genuine resolution of workplace issues. The Commission also needed to assess whether the agreement had been genuinely negotiated and if the union had properly represented the employees' interests.

After considering the evidence presented by both parties, the Commission determined that the proposed agreement did not adequately protect the employees' interests. The Commission found that certain provisions relating to pay rates, hours of work, and leave entitlements were not sufficiently fair and reasonable. Additionally, the Commission was not satisfied that the union had genuinely represented the employees' interests in the negotiations. Consequently, the Commission rejected the application for approval of the proposed agreement.

The Commission's final orders included the rejection of the proposed agreement and a direction for the parties to engage in further negotiations to reach an agreement that would be in the best interests of the employees. The Commission also directed that the union and the company must provide a report within 30 days detailing the progress made in these negotiations.

Zinfra Contracting Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established