DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Zinfra Contracting Pty Ltd T/A Zinfra
(AG2017/6589)

ZINFRA CONTRACTING PTY LTD - ETU VICTORIAN ELECTRICITY ENTERPRISE AGREEMENT 2016

Electrical contracting industry
COMMISSIONER JOHNS	CANBERRA, 23 MARCH 2018

Application for approval of the Zinfra Contracting Pty Ltd - ETU Victorian Electricity Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Zinfra Contracting Pty Ltd - ETU Victorian Electricity Enterprise Agreement 2016 (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 T/A Zinfra. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 March 2018. The nominal expiry date of the Agreement is 31 August 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Zinfra Contracting Pty Ltd, trading as Zinfra, applied to the Fair Work Commission for the approval of the Zinfra Contracting Pty Ltd - ETU Victorian Electricity Enterprise Agreement 2016. The applicant and the Electrical Trades Union of Australia, Victoria Branch, were the parties to the agreement. The dispute centred around whether the agreement met the criteria for approval under the Fair Work Act 2009. The Commission had to determine if the agreement contained the minimum terms and conditions required by the Act, and if it was made in good faith and covered a relevant workforce.

The central legal issue was whether the enterprise agreement contained all the mandated minimum terms and conditions, including the minimum wages and conditions, and whether it was made in good faith and covered a relevant workforce. The Commission examined whether the agreement provided for a fair and reasonable outcome for all parties, including employees, and if it was appropriately negotiated. The applicant argued that the agreement was fair and reasonable and met all the necessary requirements for approval. The union supported the applicant’s arguments, stating that the agreement was negotiated in good faith and covered a relevant workforce.

The Fair Work Commission found that the enterprise agreement contained all the mandated minimum terms and conditions and was made in good faith and covered a relevant workforce. The Commission was satisfied that the agreement provided for a fair and reasonable outcome for all parties, including employees. The agreement was approved under the Fair Work Act 2009. The Commission found that the applicant had demonstrated that the agreement was negotiated in good faith and that it met all the necessary criteria for approval.

The Fair Work Commission approved the Zinfra Contracting Pty Ltd - ETU Victorian Electricity Enterprise Agreement 2016, finding that it contained all the mandated minimum terms and conditions and was made in good faith and covered a relevant workforce. The agreement was approved under section 231 of the Fair Work Act 2009.

Zinfra Contracting Pty Ltd T/A Zinfra

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established