DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Zinfra Contracting Pty Ltd T/A Zinfra
(AG2018/6566)

ZINFRA CONTRACTING PTY LTD NEW SOUTH WALES ELECTRICAL WORKS ENTERPRISE AGREEMENT 2018

Electrical contracting industry
COMMISSIONER WILSON	MELBOURNE, 12 MARCH 2019

Application for approval of the Zinfra Contracting Pty Ltd New South Wales Electrical Works Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Zinfra Contracting Pty Ltd New South Wales Electrical Works Enterprise Agreement 2018 (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] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

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

[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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 March 2019. The nominal expiry date of the Agreement is 31 December 2020.

COMMISSIONER

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 a new enterprise agreement. The applicant is an electrical contractor and the respondent was Electrical Trades Union of Australia. The dispute involved the terms and conditions of employment for the electrical workers under the proposed agreement. The Fair Work Commission heard the application, considering the fairness of the proposed agreement for the workers and compliance with relevant legislative requirements.

The primary legal issues before the Commission were whether the proposed enterprise agreement was fair and whether it complied with the relevant provisions of the Fair Work Act 2009. The Commission needed to consider the balance of the agreement in relation to the workers' interests, and whether it contained any unfair terms or provisions that did not comply with the legislative framework. The Commission also had to evaluate the application of the Better Off Overall Test to determine if the agreement provided a genuine improvement to the workers' conditions.

In reaching its decision, the Commission examined the submissions from both parties and the evidence presented. The Commission determined that the proposed agreement was fair and met all legislative requirements. The Commission found that the agreement provided a genuine improvement in the conditions of employment for the workers and was consistent with the Better Off Overall Test. Consequently, the Commission approved the application for the enterprise agreement.

The Fair Work Commission approved the Zinfra Contracting Pty Ltd New South Wales Electrical Works Enterprise Agreement 2018. The approval was granted on the basis that the agreement was fair and met all legislative requirements, including the Better Off Overall Test. The Commission's decision ensures that the terms and conditions of employment for the electrical workers are adequately protected and that the agreement provides a genuine improvement to their conditions.

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