Zinfra Contracting Pty Ltd T/A Zinfra

[2021] FWCA 1473

[2021] FWCA 1473

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Zinfra Contracting Pty Ltd T/A Zinfra
(AG2021/4063)

ZINFRA CONTRACTING PTY LTD (PROJECTS & INFRASTRUCTURE) - ETU VICTORIAN ELECTRICITY ENTERPRISE AGREEMENT 2020

Electrical contracting industry
COMMISSIONER LEE	MELBOURNE, 18 MARCH 2021

Application for approval of the Zinfra Contracting Pty Ltd (Projects & Infrastructure) - ETU Victorian Electricity Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Zinfra Contracting Pty Ltd (Projects & Infrastructure) - ETU Victorian Electricity Enterprise Agreement 2020 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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.

[4] 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.

[5] I observe that the following provision is likely to be inconsistent with the National Employment Standards (NES):

•  Clause 5.10.1 – Termination.

However, noting clause 1.4.5 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 March 2021. The nominal expiry date of the Agreement is 31 August 2023.

COMMISSIONER

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