DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Zinfra Contracting Pty Ltd T/A Zinfra
(AG2020/2227)

ZINFRA - SOUTH AUSTRALIA ELECTRICAL TRANSMISSION AND DISTRIBUTION ENTERPRISE AGREEMENT 2020

Electrical contracting industry
COMMISSIONER PLATT	ADELAIDE, 20 AUGUST 2020

Application for approval of the Zinfra - South Australia Electrical Transmission and Distribution Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Zinfra - South Australia Electrical Transmission and Distribution Enterprise Agreement 2020 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Zinfra Contracting Pty Ltd T/A Zinfra (the Applicant). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 11 August 2020.

[3] On 13 August 2020, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including through the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 17 August 2020. The undertaking deals with the following topics:

• Clause 37.4 (Summary Dismissal) is replaced with the following:

“37.4. Summary Dismissal

Nothing in this clause shall affect the right of Zinfra to dismiss any employee without notice for serious misconduct, as defined by the Fair Work Regulations.”

• Trainees will not be engaged under the Agreement.

[5] A copy of the undertaking has been provided to the bargaining representative and I have sought their views in accordance with s.190(4) of the Act. The bargaining representative did not express any view on the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] 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) of the Act I note that the Agreement covers this organisation.

[8] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 31 December 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Zinfra Contracting Pty Ltd, trading as Zinfra, applied to the Fair Work Commission for approval of the Zinfra - South Australia Electrical Transmission and Distribution Enterprise Agreement 2020. The application was made under the Fair Work Act 2009, which mandates that an enterprise agreement must receive "simple majority" approval from the relevant employees to be effective. The primary legal issue before the Commission was whether the agreement met the necessary criteria for a simple majority, as stipulated by the Act.

The Commission evaluated whether the agreement had been properly presented to the employees, and if it had been adequately explained to them. The application documents included details of the voting process, the number of employees who voted, and the outcome of the vote. The Commission also considered whether there were any procedural flaws or irregularities in the voting process that could invalidate the agreement. Furthermore, it was necessary to determine if the employees had been adequately informed about the implications of the agreement before they cast their votes.

After reviewing the evidence and submissions from both parties, the Commission concluded that the application satisfied the requirements for a simple majority approval. The Commission found that the agreement had been properly presented to the employees, and the voting process was conducted in accordance with the Act. The employees had been provided with necessary information to make an informed decision, and there were no procedural flaws that could invalidate the agreement. As a result, the Commission approved the Zinfra - South Australia Electrical Transmission and Distribution Enterprise Agreement 2020. The agreement is now effective and binding on the parties involved, providing a framework for their employment relationship.

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