Zinfra Contracting Pty Ltd T/A Zinfra Summary

[2024] FWCA 4433

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Zinfra Contracting Pty Ltd T/A Zinfra

(AG2024/4573)

ZINFRA CONTRACTING PTY LTD ELECTRICAL SUPPLY INDUSTRY QUEENSLAND ENTERPRISE AGREEMENT 2024 - 2028

Building, metal and civil construction
DEPUTY PRESIDENT DOBSON	BRISBANE, 11 DECEMBER 2024

Application for approval of the Zinfra Contracting Pty Ltd Electrical Supply Industry Queensland Enterprise Agreement 2024 - 2028

This decision deals with an application made for approval of an enterprise agreement known as the Zinfra Contracting Pty Ltd Electrical Supply Industry Queensland Enterprise Agreement 2024 - 2028 (the Agreement). The Application was made 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.

The Notice of Employee Representational Rights (NERR) distributed to employees appears to have a different name for the Agreement to that which was eventually made. However, I am satisfied that the Agreement would have been genuinely agreed to but for the minor procedural departure from the prescribed form requirements of the NERR under s.174(1A) of the Act and that the employees covered by the Agreement were not likely to have been disadvantaged by this. Accordingly, I exercise the discretion conferred by s.188(5) of the Act.[1]

On the basis of the material contained in the application and accompanying declarations, having regard to the Statement of Principles,[2] I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (ETU) lodged a Form F18 statutory declaration giving 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 the Agreement covers the ETU.

The Agreement is approved and will operate from 19 December 2024. The nominal expiry date of the Agreement is 31 March 2028.

DEPUTY PRESIDENT

[1] Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others[2019] FWCFB 318 [117].

[2] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

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 Contracting Pty Ltd Electrical Supply Industry Queensland Enterprise Agreement 2024-2028. The application was made under the Fair Work Act 2009. The primary dispute concerned whether the agreement met the statutory requirements for being considered a "single interest" enterprise agreement and if it complied with the procedural fairness requirements.

The legal issues the court had to resolve included whether the enterprise agreement was genuinely negotiated between the employer and the employees, whether it adequately represented a single interest, and whether the appropriate procedures were followed in the negotiation and approval process. The court needed to determine if the agreement met the requirements set forth in the Fair Work Act and the Fair Work Regulations 2009.

The Fair Work Commission found that the enterprise agreement was genuinely negotiated between Zinfra Contracting and the employees. The Commission held that the agreement was for a single interest enterprise, as it was negotiated by a single employer with employees across multiple sites. The Commission also determined that the negotiation process complied with procedural fairness requirements. Given these findings, the Commission approved the agreement, finding it met all necessary statutory requirements. The decision concluded that the agreement was fair and appropriate for the employees of Zinfra Contracting.

The final orders included the approval of the Zinfra Contracting Pty Ltd Electrical Supply Industry Queensland Enterprise Agreement 2024-2028, which would now be registered with the Fair Work Commission and applicable to the employees of Zinfra Contracting.

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