DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Zinfra Contracting Pty Ltd T/A Zinfra
(AG2019/4190)

ZINFRA CONTRACTING PTY LTD PROJECTS NEW SOUTH WALES CIVIL ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 4 DECEMBER 2019

Application for approval of the Zinfra Contracting Pty Ltd Projects New South Wales Civil Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Zinfra Contracting Pty Ltd Projects New South Wales Civil Enterprise Agreement 2019 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

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

[6] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 11 December 2019. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

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 Contracting Pty Ltd Projects New South Wales Civil Enterprise Agreement 2019. The dispute centred around the terms and conditions of the proposed enterprise agreement, specifically concerning the classification and remuneration of employees. The Commission was tasked with determining whether the agreement met the statutory requirements under the Fair Work Act 2009 and whether it was fair and reasonable in the circumstances.

The primary legal issue before the Commission was whether the proposed agreement satisfied the procedural and substantive requirements set out in the Fair Work Act. This involved assessing whether the agreement was made in accordance with the relevant provisions of the Act, including whether there was genuine bargaining between the employer and the relevant employee representatives, and whether the agreement addressed the terms and conditions of employment in a manner that was fair and reasonable. The Commission also had to consider the implications of any potential changes to the classification and remuneration of employees under the agreement.

In reaching its decision, the Commission examined the evidence presented by both parties, including the processes undertaken to achieve the agreement and the content of the proposed agreement itself. The Commission found that the agreement had been genuinely bargained for and that the changes to employee classifications and remuneration were fair and reasonable. The Commission approved the Zinfra Contracting Pty Ltd Projects New South Wales Civil Enterprise Agreement 2019, noting that it met all necessary statutory requirements and was in the best interests of the employees involved.

The Fair Work Commission approved the Zinfra Contracting Pty Ltd Projects New South Wales Civil Enterprise Agreement 2019, effective from the date of the decision. The approval ensures that the terms and conditions of employment as outlined in the agreement are legally binding on the parties involved, providing certainty and stability in the workplace.

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