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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Fair Work Commission, Zinfra Contracting Pty Ltd, trading as Zinfra, applied for the approval of the Zinfra Contracting Pty Ltd (Projects & Infrastructure) - ETU Victorian Electricity Enterprise Agreement 2020. The application was heard by Deputy President R. R. Miller. The applicant sought approval of the enterprise agreement in accordance with the Fair Work Act 2009. The legal issues before the court were whether the agreement was a lawful agreement and whether it had been made in accordance with the requirements of the Fair Work Act.

The court considered the provisions of the Fair Work Act and the relevant case law to determine whether the agreement met the necessary criteria for approval. The court found that the agreement was a lawful agreement and had been made in accordance with the requirements of the Act. The court was satisfied that the agreement had been negotiated in good faith, contained provisions that were fair and reasonable, and met the other requirements of the Act. The court approved the agreement, finding that it was in the best interests of the employees and the employer.

The court's decision was based on a detailed analysis of the agreement and the evidence presented by both parties. The court found that the agreement contained provisions that were fair and reasonable, and that it had been negotiated in good faith. The court also found that the agreement met the other requirements of the Act, including the requirement that it be in writing and that it be approved by the Fair Work Commission. The court approved the agreement, finding that it was in the best interests of the employees and the employer.

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