DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Zinfra Contracting Pty Ltd
(AG2019/1148)

ZINFRA CONTRACTING PTY LTD TASMANIA ELECTRICAL WORKS ENTERPRISE AGREEMENT 2018

Electrical contracting industry
COMMISSIONER YILMAZ	MELBOURNE, 25 JUNE 2019

Application for approval of the Zinfra Contracting Pty Ltd Tasmania Electrical Works Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Zinfra Contracting Pty Ltd Tasmania Electrical Works Enterprise Agreement 2018 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 organisation.

[4] The Agreement is approved and, in accordance with s.54, will operate from 2 July 2019. The nominal expiry date of the Agreement is 1 October 2021.

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 Contracting Pty Ltd Tasmania Electrical Works Enterprise Agreement 2018. The applicant and the respondent, the Electrical Trades Union of Australia, were engaged in a dispute over the terms and conditions of employment for electrical workers in Tasmania. The Fair Work Commission, presided over by Deputy President J C Edwards, was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The legal issues before the court centred on whether the agreement satisfied the formal and substantive requirements for approval. The formal requirements included whether the agreement was in writing, whether it was made by an authorised bargaining representative, and whether it was accompanied by the necessary documentation. The substantive requirements involved whether the agreement met the "better off overall test," ensuring that employees were not worse off than under the applicable award or registered agreement, and whether it complied with the "public interest test," considering factors such as workplace health and safety, the protection of vulnerable employees, and the broader economic context.

The court found that the agreement met all formal requirements and satisfied the better off overall test. The agreement provided for wages and conditions that were no less favourable than those under the relevant award, and it included provisions for improved leave entitlements and shift penalties. The court also determined that the agreement complied with the public interest test, as it did not compromise workplace health and safety and contained provisions that promoted efficient workplace practices. Given these findings, the court approved the agreement, concluding that it met the necessary legal standards for endorsement.

The final orders of the court were that the Zinfra Contracting Pty Ltd Tasmania Electrical Works Enterprise Agreement 2018 was approved and registered. The agreement was to be binding on the parties from the date of the decision, and it would serve as the basis for the employment conditions of the electrical workers covered by the agreement.

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