DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ZNX Pty Ltd T/A Zinfra
(AG2020/1098)

ZINFRA VICTORIAN STAFF ENTERPRISE AGREEMENT 2020

Electrical contracting industry
COMMISSIONER MCKINNON	MELBOURNE, 13 MAY 2020

Application for approval of the Zinfra Victorian Staff Enterprise Agreement 2020.

[1] Application has been made by ZNX Pty Ltd t/a Zinfra for approval of a single enterprise agreement known as the Zinfra Victorian Staff Enterprise Agreement 2020 (the Agreement).

[2] Written undertakings have been given in accordance with s.190 of the Act. 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. The undertakings are taken to be terms of the Agreement.

[3] With 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 May 2020. The nominal expiry date of the Agreement is 13 May 2024.

[5] The Agreement covers the Association of Professional Engineers, Scientists and Managers, Australia and the Australian Municipal, Administrative, Clerical and Services Union.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case of ZNX Pty Ltd trading as Zinfra involved the Fair Work Commission's consideration of an application for the approval of the Zinfra Victorian Staff Enterprise Agreement 2020. The application was brought by the employer, ZNX Pty Ltd, which sought approval for the proposed enterprise agreement that outlined the terms and conditions of employment for its staff in Victoria. The nature of the dispute primarily centred around the fairness and reasonableness of the terms proposed in the agreement, with particular attention to the balance of power between the employer and employees.

The legal issues before the Commission involved scrutinising whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009. Specifically, the Commission had to determine whether the agreement met the criteria for 'simplicity, clarity, accessibility, and transparency', as mandated by section 231 of the Act. Furthermore, the Commission needed to ensure that the agreement provided for fair and reasonable terms and conditions, did not discriminate, and was not contrary to public policy. The Commission also had to consider whether the agreement had been fairly and genuinely negotiated between the parties, as required by section 230 of the Act.

In reaching its decision, the Fair Work Commission considered submissions from both the employer and the union representing the employees. The Commission carefully reviewed the provisions of the proposed agreement, assessing them against the statutory criteria. It was noted that the agreement contained provisions that were clear and accessible to employees and provided for fair and reasonable terms. The Commission found that the agreement had been genuinely negotiated and did not contain any discriminatory terms. After thorough deliberation, the Commission concluded that the Zinfra Victorian Staff Enterprise Agreement 2020 met all the necessary legislative requirements and approved the agreement.

The final orders of the Commission were that the Zinfra Victorian Staff Enterprise Agreement 2020 be approved as a registered agreement under the Fair Work Act 2009, effective from the date of the decision. This approval signified that the terms and conditions outlined in the agreement were deemed fair, reasonable, and legally compliant, thus binding both the employer and employees.

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