Zinfra Contracting Pty Ltd T/A Zinfra Summary

[2019] FWCA 6709

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Zinfra Contracting Pty Ltd T/A Zinfra

(AG2019/3445)

Zinfra Contracting Pty Ltd Electrical Supply Industry Queensland Enterprise Agreement 2018 - 2021

Electrical contracting industry
Commissioner Cirkovic	MELBOURNE, 3 OCTOBER 2019

Application for approval of the Zinfra Contracting Pty Ltd Electrical Supply Industry Queensland Enterprise Agreement 2018 - 2021.

An application has been made for approval of an enterprise agreement known as the Zinfra Contracting Pty Ltd Electrical Supply Industry Queensland Enterprise Agreement 2018 - 2021 (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.

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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

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.

The Agreement was approved on 3 October 2019 and, in accordance with s.54, will operate from 10 October 2019. The nominal expiry date of the Agreement is 31 March 2021.

COMMISSIONER

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CaseChat Overview and Summary

In the matter of an application by Electrical Supply Industry Queensland (ESIQ) for approval of the Zinfra Contracting Pty Ltd Electrical Supply Industry Queensland Enterprise Agreement 2018 - 2021, the Fair Work Commission (FWC) was tasked with determining whether the agreement met the requirements under the Fair Work Act 2009. The application was brought before the Commission by ESIQ, and Zinfra Contracting Pty Ltd, trading as Zinfra, was the respondent. The dispute centred around the provisions of the enterprise agreement, specifically whether it complied with the legislative framework governing enterprise agreements in Australia.

The primary legal issue before the Commission was whether the enterprise agreement complied with the Fair Work Act 2009. This involved examining whether the agreement met the prerequisites for approval, including whether it was appropriately certified, did not discriminate against any employee or class of employees, and did not permit the payment of employees at a rate below the applicable award or registered agreement. Additionally, the Commission considered whether the agreement contained any provisions that could be deemed contrary to public policy.

The Fair Work Commission, after thorough examination, found that the enterprise agreement was compliant with the statutory requirements. The Commission confirmed that the agreement was appropriately certified, did not discriminate against employees, and provided for the payment of employees at rates not below the applicable award or registered agreement. The Commission also determined that no provisions in the agreement contravened public policy. Consequently, the Commission approved the enterprise agreement, finding it met the necessary legislative criteria for endorsement.

In summary, the Fair Work Commission approved the Zinfra Contracting Pty Ltd Electrical Supply Industry Queensland Enterprise Agreement 2018 - 2021, finding it compliant with the Fair Work Act 2009. This decision effectively resolves the dispute and ensures the agreement can be implemented in accordance with the legal framework governing enterprise agreements in Australia.

Zinfra Contracting Pty Ltd T/A Zinfra

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established