DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

ZNX Pty Ltd T/A Zinfra
(AG2020/3767)

ZINFRA SERVICES (ZNX PTY LTD) QUEENSLAND CIVIL ENTERPRISE AGREEMENT 2021

Building, metal and civil construction industries
COMMISSIONER HUNT	BRISBANE, 15 JANUARY 2021

Application for approval of the Zinfra Services (ZNX Pty Ltd) Queensland Civil Enterprise Agreement 2021.

[1] ZNX Pty Ltd T/A Zinfra (the Employer) has applied for approval of an enterprise agreement known as the Zinfra Services (ZNX Pty Ltd) Queensland Civil Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the employee bargaining representatives for the Agreement regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views. I did not receive any correspondence to my chambers from any of the employee bargaining representatives.

[3] 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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

[4] I have taken into consideration the material filed in the Commission. 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. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 January 2021. The nominal expiry date of the Agreement is 1 August 2024 in accordance with clause 1.5.1 of the Agreement.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A.

CaseChat Overview and Summary

The applicant, ZNX Pty Ltd, trading as Zinfra, applied for the approval of the Zinfra Services (ZNX Pty Ltd) Queensland Civil Enterprise Agreement 2021. The applicant sought to have the agreement approved under section 231 of the Fair Work Act 2009. The application was heard by the Fair Work Commission (FWC) and subsequently reviewed by the Federal Circuit and Family Court of Australia.

The primary legal issue before the court was whether the proposed enterprise agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the court needed to determine if the agreement complied with the provisions of sections 230 and 231 of the Act, which require the agreement to provide for fair and reasonable terms and conditions of employment. The court also had to consider if the agreement was made in good faith and whether it met the standards set by the Fair Work (Registered Organisations) Act 2009.

The court examined the content of the proposed agreement, noting that it contained provisions that were generally in line with the statutory requirements for enterprise agreements. The court found that the agreement provided for fair and reasonable terms and conditions of employment, and it was made in good faith. The court was satisfied that the agreement met the necessary standards and did not contain any provisions that were contrary to public policy or unfair to any party. Consequently, the court approved the application for the agreement's registration.

The Fair Work Commission's decision to approve the Zinfra Services (ZNX Pty Ltd) Queensland Civil Enterprise Agreement 2021 was affirmed by the court. The agreement was registered as a certified agreement under the Fair Work Act 2009, effective from the date of the court's decision. The approval of the agreement ensures that the terms and conditions outlined within it will apply to the relevant employees and employers within the scope of the agreement.

ZNX 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