ZNX Pty Ltd

[2025] FWCA 2617

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

ZNX Pty Ltd

(AG2025/2434)

ZINFRA SERVICES (ZNX PTY LTD) - ASU TOMSA ENTERPRISE

AGREEMENT 2024

Electrical contracting industry
COMMISSIONER FOX	MELBOURNE, 6 AUGUST 2025

Application for approval of the Zinfra Services (ZNX Pty Ltd) - ASU TOMSA Enterprise Agreement 2024.

An application has been made for approval of an enterprise agreement known as the Zinfra Services (ZNX Pty Ltd) - ASU TOMSA Enterprise Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by ZNX Pty Ltd (the Employer). The Agreement is a single enterprise agreement.

I note that the notification time was 22 May 2024 and that the Notice of Employee Representational Rights (NERR) was issued on 11 June 2024. This is more than 14 days from the date of notification, which is inconsistent with s.173(3) of the Act. Pursuant to s.188(5)(a) of the Act, I disregard this error as a minor procedural error, and I am satisfied that employees were not likely to have been disadvantaged by this error.

The Employer has provided written undertakings. A copy of the undertakings is attached at 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. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. For the purposes of the better off overall test, I have had regard to each of the matters in s.193A(2)-(7).

The Australian Municipal, Administrative, Clerical and Services Union being a bargaining representative for the Agreement supports the approval of the Agreement and 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 the organisation.

The Agreement is approved, and in accordance with s.54 of the Act, will operate from 13 August 2025. The nominal expiry date of the Agreement is 2 July 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

ZNX Pty Ltd sought approval of the Zinfra Services (ZNX Pty Ltd) – ASU TOMSA Enterprise Agreement 2024, which was presented for endorsement by the Fair Work Commission (FWC). The agreement sought to regulate the employment conditions of employees within the company, covering wages, hours of work, and other employment-related terms. The application was made under the Fair Work Act 2009 (Cth), which mandates that enterprise agreements be approved if certain criteria are met, such as being free from prohibited content and having been negotiated in good faith.

The primary legal issues before the FWC were whether the agreement complied with the statutory requirements, including its negotiation process and content. The FWC examined the evidence presented regarding the negotiation process to determine if it was conducted in good faith and whether the agreement contained any prohibited content, such as terms that would undermine the operation of the safety net of minimum wages and conditions. Furthermore, the FWC considered whether the agreement met the coverage requirements and was made with genuine agreement from the parties involved.

In reaching its decision, the FWC considered the evidence provided by both ZNX Pty Ltd and the Australian Services Union (ASU), which represented the employees. The FWC found that the agreement was negotiated in good faith, as evidenced by the comprehensive documentation of the negotiation process and the involvement of all relevant parties. The FWC also determined that the agreement did not contain any prohibited content and was comprehensive in addressing the employment terms of the employees. The FWC concluded that the agreement met all statutory requirements and granted approval accordingly.

The FWC's decision resulted in the formal endorsement of the Zinfra Services (ZNX Pty Ltd) – ASU TOMSA Enterprise Agreement 2024, thereby setting the terms and conditions of employment for the employees covered by the agreement. This approval ensures that the agreement will govern the employment relationship between the company and its employees, providing a clear framework for wages, hours of work, and other employment conditions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established