ZNX Pty Ltd
[2025] FWCA 2617
•6 AUGUST 2025
| [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
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Annexure A
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