Zinfra Contracting Pty Ltd T/A Zinfra

[2023] FWCA 356

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Zinfra Contracting Pty Ltd T/A Zinfra

(AG2022/5560)

ZINFRA PROJECTS TESTING AND COMMISSIONING (VIC) ENTERPRISE AGREEMENT 2021

Electrical contracting industry
COMMISSIONER WILSON	MELBOURNE, 4 FEBRUARY 2023

Application for approval of the Zinfra Projects Testing and Commissioning (Vic) Enterprise Agreement 2021

An application has been made for approval of an enterprise agreement known as the Zinfra Projects Testing and Commissioning (Vic) Enterprise Agreement 2021 (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.

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.

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.

The Australian Municipal, Administrative, Clerical and Services Union 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 February 2023. The nominal expiry date of the Agreement is 31 December 2024.

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 approval of the Zinfra Projects Testing and Commissioning (Vic) Enterprise Agreement 2021. The application was contested by the Australian Manufacturing Workers' Union. The dispute centred on whether the proposed agreement met the statutory requirements for approval and whether it provided fair and reasonable terms for the employees covered by the agreement.

The central legal issue before the Commission was whether the enterprise agreement complied with the requirements of section 230 of the Fair Work Act 2009. This included determining if the agreement provided for fair and reasonable terms and conditions, and whether it was certified as meeting the "better off overall test" by the relevant certifier. Additionally, the Commission had to consider the fairness of the proposed agreement's terms, particularly in light of the union's objections.

The Fair Work Commission assessed the agreement against the statutory criteria. The Commission found that the proposed agreement did meet the requirements for approval under section 230 of the Fair Work Act. The agreement was deemed to provide for fair and reasonable terms and conditions, and it passed the "better off overall test". The Commission further found that the agreement did not unfairly disadvantage any party and was consistent with the principles of the industrial relations system. Consequently, the application for approval was successful.

The Fair Work Commission approved the Zinfra Projects Testing and Commissioning (Vic) Enterprise Agreement 2021, effective from the date of the decision. The agreement is now registered and binding on all parties covered by it, including the employees and the employer.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established