Zinfra Contracting Pty Ltd T/A Zinfra

[2014] FWCA 5853

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Zinfra Contracting Pty Ltd T/A Zinfra
(AG2014/6875)

ZINFRA CONTRACTING PTY LTD - ETU VICTORIAN ELECTRICITY ENTERPRISE AGREEMENT 2013

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 25 AUGUST 2014

Application for approval of the Zinfra Contracting Pty Ltd - ETU Victorian Electricity Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Zinfra Contracting Pty Ltd - ETU Victorian Electricity Enterprise Agreement 2013 (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 was approved on 25 August 2014 and, in accordance with s.54, will operate from 1 September 2014. The nominal expiry date of the Agreement is 31 August 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Zinfra Contracting Pty Ltd, trading as Zinfra, sought approval for the ETU Victorian Electricity Enterprise Agreement 2013. The applicant argued that the agreement was necessary to address the operational needs of the company and the workforce, including provisions on wages, conditions, and dispute resolution mechanisms. The dispute centred around whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreement provided for the fair and reasonable resolution of workplace disputes, and whether it adhered to the minimum entitlements set out in the relevant modern award. The Commission had to assess whether the agreement appropriately balanced the interests of both the employer and the employees, and whether it was consistent with the principles of procedural fairness and good faith bargaining.

The Commission found that the agreement met the statutory requirements for approval. It determined that the provisions for dispute resolution were fair and reasonable, and that the agreement provided adequate protections for employees' entitlements. The Commission also considered the evidence presented by both parties and concluded that the agreement was the product of genuine and good faith bargaining. Consequently, the Commission approved the ETU Victorian Electricity Enterprise Agreement 2013, recognising it as a valid and binding enterprise agreement.

In summary, the Fair Work Commission approved the ETU Victorian Electricity Enterprise Agreement 2013, recognising it as a valid and binding enterprise agreement. The decision affirmed that the agreement appropriately balanced the interests of both the employer and employees and adhered to the legal requirements for approval under the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established