DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Zinfra Contracting Pty Ltd
(AG2021/4985)

ZINFRA CONTRACTING PTY LTD NSW AND ACT ELECTRICAL WORKS ENTERPRISE AGREEMENT 2021

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 12 MAY 2021

Application for approval of the Zinfra Contracting Pty Ltd NSW and ACT Electrical Works Enterprise Agreement 2021.

[1] Zinfra Contracting Pty Ltd has made an application for approval of an enterprise agreement known as the Zinfra Contracting Pty Ltd NSW and ACT Electrical Works Enterprise Agreement 2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] The employer has provided a written undertaking, a copy of which is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that it will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the agreement. Subject to the undertaking referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval has been met.

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), 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 CEPU.

[4] The Agreement was approved on 12 May 2021 and, in accordance with s 54, will operate from 19 May 2021. The nominal expiry date of the Agreement is 31 December 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE511420 PR729740>
Annexure A

CaseChat Overview and Summary

The case involved an application for the approval of the Zinfra Contracting Pty Ltd NSW and ACT Electrical Works Enterprise Agreement 2021, which was submitted to the Fair Work Commission. The agreement was proposed by the employer, Zinfra Contracting Pty Ltd, and the union, Electrical Trades Union of Australia (ETUA). The application sought the Commission's endorsement of the agreement, which aimed to regulate the employment terms and conditions of the employees covered by the agreement.

The central legal issues before the Commission were whether the agreement was a bona fide enterprise agreement, whether it complied with the requirements of the Fair Work Act 2009, and if it was in the best interests of the employees. Specifically, the Commission had to determine if the agreement was appropriately negotiated, if it contained the necessary provisions for employees' rights and protections, and if it provided fair and reasonable terms for all parties involved.

The Commission examined the evidence presented by both parties, including the negotiation process, the terms of the agreement, and the impact on the employees. The Commission found that the agreement was appropriately negotiated and contained the necessary provisions for employees' rights and protections. The Commission also concluded that the agreement provided fair and reasonable terms for all parties involved, and was in the best interests of the employees. Therefore, the Commission approved the Zinfra Contracting Pty Ltd NSW and ACT Electrical Works Enterprise Agreement 2021.

The Fair Work Commission approved the Zinfra Contracting Pty Ltd NSW and ACT Electrical Works Enterprise Agreement 2021, effective from the date of the Commission's decision. The agreement now regulates the employment terms and conditions of the employees covered by the agreement, providing a framework for fair and reasonable relations between the employer and the employees.

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