Zinfra Contracting Pty Ltd T/A Zinfra

[2021] FWCA 7213

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Zinfra Contracting Pty Ltd T/A Zinfra
(AG2021/8673)

ZINFRA CONTRACTING PTY LTD ELECTRICAL SUPPLY INDUSTRY QUEENSLAND ENTERPRISE AGREEMENT 2021 - 2024

Electrical contracting industry
COMMISSIONER P RYAN	SYDNEY, 20 DECEMBER 2021

Application for approval of the Zinfra Contracting Pty Ltd Electrical Supply Industry Queensland Enterprise Agreement 2021 - 2024

[1] Zinfra Contracting Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Zinfra Contracting Pty Ltd Electrical Supply Industry Queensland Enterprise Agreement 2021 – 2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

Section 190 Undertakings

[2] The Employer 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.

Sections 186, 187, 188 and 190

[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.

Section 183

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the 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 CEPU.

Approval

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 December 2021. The nominal expiry date of the Agreement is 31 March 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved Zinfra Contracting Pty Ltd, trading as Zinfra, and the Electrical Supply Industry Queensland Enterprise Agreement 2021-2024. The dispute centred on whether the proposed enterprise agreement should be approved by the Commission, as it was submitted for consideration. The Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009. The Commission held that the agreement was in the public interest and should be approved, as it provided for fair and reasonable terms and conditions for employees in the electrical contracting industry.

The primary legal issues before the Commission were whether the agreement complied with the requirements of the Fair Work Act, particularly in relation to its coverage, the process through which it was negotiated, and its overall fairness and reasonableness. The Commission considered whether the agreement adequately represented the interests of the employees and whether it provided for a fair and reasonable outcome for both parties. The Commission also examined whether the agreement contained provisions that were in the public interest, taking into account factors such as the impact on the broader economy and the potential for the agreement to promote stability and productivity within the industry.

In its reasoning, the Commission found that the agreement was in the public interest and should be approved. The Commission noted that the agreement had been negotiated in good faith and that it provided for fair and reasonable terms and conditions for employees. The Commission also found that the agreement contained provisions that promoted stability and productivity within the industry, such as provisions for the resolution of disputes and the provision of training and development opportunities for employees. The Commission concluded that the agreement met the criteria for approval under the Fair Work Act and should be approved as a registered agreement.

The Commission approved the Electrical Supply Industry Queensland Enterprise Agreement 2021-2024 as a registered agreement, effective from 1 January 2021. The agreement provides for fair and reasonable terms and conditions for employees in the electrical contracting industry and promotes stability and productivity within the industry. The approval of the agreement ensures that employees in the industry have access to a fair and reasonable set of terms and conditions, while also promoting the broader interests of the economy and the public.

Section 190 Undertakings

Sections 186, 187, 188 and 190

Approval

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established