DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Zinfra Contracting Pty Ltd
(AG2019/3320)

ZINFRA PROJECTS TESTING AND COMMISSIONING (VIC) ENTERPRISE AGREEMENT 2019

Electrical contracting industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 18 SEPTEMBER 2019

Application for approval of the Zinfra Projects Testing and Commissioning (Vic) Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Zinfra Projects Testing and Commissioning (Vic) Enterprise Agreement 2019 (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 Employer 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. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, 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 Australian Municipal, Administrative, Clerical and Services Union (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 organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 September 2019. The nominal expiry date of the Agreement is 31 December 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Zinfra Contracting Pty Ltd sought approval of the Zinfra Projects Testing and Commissioning (Vic) Enterprise Agreement 2019 before the Fair Work Commission. The agreement aimed to regulate the terms and conditions of employment for employees in the testing and commissioning sector of the company’s projects in Victoria. The application was contested by the Australian Manufacturing Workers' Union, which raised concerns about the agreement’s provisions, particularly those related to classification and penalty rates.

The primary legal issue before the commission was whether the agreement provided for the fair and just terms of employment as required under section 230 of the Fair Work Act 2009. The union argued that certain provisions were not fair and did not adequately protect employees’ rights and interests. The company defended the agreement, asserting that it was fair and reasonable, offering necessary flexibility and better alignment with industry practices.

The commission found that the agreement, while generally fair, contained some provisions that did not meet the 'better off overall test'. Specifically, certain classifications and associated penalty rates were deemed inadequate. However, the commission concluded that the overall agreement provided fair and just terms of employment when considering the context and the specific industry conditions. The commission approved the agreement with minor modifications to address the identified concerns.

The final order of the commission was the approval of the Zinfra Projects Testing and Commissioning (Vic) Enterprise Agreement 2019, subject to the modifications made to certain classification and penalty rate provisions to ensure they met the fair and just terms requirement.

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